vPAGE, ALAN CEDRIC Alan Cedric Page, former Minnesota Vikings football star, has served as an associate justice of the Minnesota Supreme Court since 1993.. from University of Minnesota;
Trang 1Burkholder, J R., and John Bender 1982 Children of Peace.
Elgin, Ill.: Brethren.
Churchill, Ward, with Mike Ryan 1998 Pacifism as Pathology: Reflections on the Role of Armed Struggle in North America Winnipeg, Canada: Arbeiter Ring.
Kellett, Christine Hunter 1984 “Draft Registration and the Conscientious Objector: A Proposal to Accommodate Constitutional Values ” Columbia Human Rights Law Review 15.
Randle, Michael, ed 2002 Challenge to Nonviolence.
Bradford, U.K.: Univ of Bradford, Dept of Peace Studies.
Todd, Jack 2001 Desertion: In the Time of Vietnam Boston:
Houghton Mifflin.
Wallis, Jim, ed 1982 Waging Peace: A Handbook for the Struggle to Abolish Nuclear Weapons New York: Harper and Row.
CROSS REFERENCES Civil Rights Movement; Conscientious Objector; Gandhi, Mohandas Karamchand; King, Martin Luther Jr.; Thoreau, Henry David.
PACKING
The exercise of unlawful, improper, or deceitful means to obtain a jury composed of individuals who are favorably disposed to render a desired verdict
“Court packing” is a form of unlawful command influence that occurs when a con-vening authority selects court members in order
to achieve desired verdicts or results; or when a
presented to the convening authority
Vote dilution in violation of the Voting
achieved by concentrating minority members into a few districts in which they constitute an excessive majority, thereby limiting the
possible; similar results can be obtained by
“fracturing,” that is, dispersing the minority
community into many separate political dis-tricts and thereby preventing the minority community from constituting a majority within any single district A form of gerrymandering
“Insurance packing” involves the use of deceptive and unfair practices to induce bor-rowers to purchase insurance in connection withCONSUMER CREDITtransactions
“Loan packing” is a practice on the part of commercial lenders that involves increasing the principal amount of a loan by combining the loan with loan-related services, such as credit insurance, that the borrower does not want
PACT
A bargain, compact, or agreement An agreement between two or more nations or states that is similar to, but less complex than, a treaty
PACT OF PARIS
SeeKELLOGG-BRIAND PACT.
PACTA SUNT SERVANDA
[Latin, Promises must be kept.] An expression signifying that the agreements and stipulations of the parties to a contract must be observed
PACTUM
[Latin, Pact.] A compact, bargain, or agreement
vPAGE, ALAN CEDRIC
Alan Cedric Page, former Minnesota Vikings football star, has served as an associate justice of the Minnesota Supreme Court since 1993 Page
were essential to the team’s ten division titles
Alan Cedric Page 1945–
◆
◆
◆
◆
1945 Born, Canton, Ohio
1961–73 Vietnam War
1967 Thurgood Marshall became first African American U.S Supreme Court justice
1967 Earned B.A from University of Notre Dame
1967–81 Played
in the National Football League
1978 Earned J.D from University of Minnesota;
joined law firm of Lindquist & Vennum in Minneapolis
1988 Established Page Education Foundation
1993 Became first African American appointed to Minnesota Supreme Court
1987–93 Served as assistant Minnesota attorney general
◆
2001 September 11 terrorist attacks
2004 Received NCAA Theodore Roosevelt Award
388 PACKING
Trang 2and four Super Bowl appearances during the
1960s and 1970s While still employed full-time
as a professional football player, Page attended
the University of Minnesota Law School
full-time and graduated in 1978 He is the first and
only African American supreme court justice in
the state of Minnesota
One of four children of Georgianna Umbles
and Howard Felix Page, Alan Page was born on
August 7, 1945, in Canton, Ohio, the home of
the Pro Football Hall of Fame His mother, a
country club attendant, and his father, a bar
manager, always emphasized the importance of
learning They instilled strong values in him, and
Page looked up to his parents as role models
Page was an outstanding athlete in high
school, but even at a young age, his aspirations
went beyond the gridiron and into the
courtroom Page admired U.S Supreme Court
Perry Mason television show He told Parade
Magazine in 1990 that he viewed sports not as a
goal, but as a means to achieve an education
“Even when I was playing professionally,” he
athlete.”
Page graduated from the University of Notre
Dame in 1967 with a B.A in political science At
Notre Dame, he was an All-American defensive
championship team Chosen in 1967 by the
Vikings as their first-round draft choice, Page
went on to earn the Most Valuable Player award
in the National Football League in 1971 In the
NFL, he played the position of defensive tackle
He logged fifteen seasons with the Vikings and
Chicago Bears, starting in each of the 236 games
he played during his career before retiring in
1981 He was elected to the Pro Football Hall of
Fame in 1988 and to the College Football Hall
of Fame in 1993
After graduating from law school in 1978,
he joined the law firm of Lindquist and
Vennum in Minneapolis, where he specialized
to 1984, overlapping with his final years in the
NFL He served as assistant attorney general for
the state of Minnesota from 1987 to 1993
Page established the Page Education
Foun-dation in 1988 to increase the participation
of minority youth in post-secondary
educa-tion Scholarship recipients tutor kindergarten
through eighth-grade students for eight to ten hours each month during the school year while attending post-secondary school, thus creating a pyramid influencing younger students of color as mentors and role models
Page regularly speaks to minority students about the importance of education He also encourages adults to influence children to look at the values and good examples of hard work that
“These are not the heroes who offer hope with promises of winning the lottery, becoming a rap star, or pulling down backboards and endorse-ment contracts in the NBA These are simply men and women who get up every morning and
do the things that citizens do.” Page was elected to the Minnesota Supreme Court in 1993 In his 1998 re-election
foun-dation activities violated canons regarding the judicial appearance of impartiality The ethics complaint showed that donations to the schol-arship fund had soared in recent years and that some of the contributors included companies and law firms with cases pending before the Minnesota Supreme Court Page said that
he refused to help raise funds and that he intentionally avoided any knowledge of his contributors The complaint also charged that awarding scholarships only to minorities vio-lated the judicial canon prohibiting any expres-sions of bias or prejudice In February 1999 the
Alan Page.
AP IMAGES
A T THE VERY BEST ,
ATHLETIC ACHIEVEMENT MIGHT OPEN A DOOR THAT DISCRIMINATION ONCE HELD SHUT
B UT THE DOORS SLAM QUICKLY ON THE UNPREPARED AND THE UNDER - EDUCATED
—A LAN P AGE
Trang 3Minnesota Board of Judicial Standards cleared Page of any ethics violations in the matter
Page has received a number of honors, both for his playing days and for his activities after retirement from the NFL He was a recipient of the Dick Enberg Award and became a member
of the Academic All-American Hall of Fame He was named by the Star Tribune of Minneapolis and St Paul as one of the 100 most influential Minnesotans and one of the 100 most impor-tant athletes in the twentieth century In 2004,
and in 2005 he accepted the National Football
Dis-tingued American Award Page also holds honorary doctor of laws degrees from the University of Notre Dame, St John’s University, Westfield State College, Luther College, and the University of New Haven
Page is married to Diane Sims and has four children
FURTHER READINGS Page, Alan 1993 “A Message You May Not Hear In Law School ” (lecture) Ohio Northern University Law Review
20 (fall-winter).
Starr, Cynthia, et al 1994 “Home Court Advantage.” ABA Journal 80 (February).
vPAINE, ROBERT TREAT
Robert Treat Paine was born March 11, 1731, in Boston, Massachusetts, a descendant of early American settler Robert Treat He attended the Boston Latin School, graduated from Harvard College in 1749, and became a merchant and traveled to the southern colonies, Spain, the Azores, and England He returned home and was
admitted to the bar of Massachusetts in 1757, practicing in Portland (then part of Massachu-setts but now in Maine), and later in Taunton, Massachusetts He also taught school and studied theology After a brief career in the ministry, he became an eminent lawyer, politician, and judge Paine first won fame as an associate
Boston Massacre, which occurred in 1770, was a
TOWN-SHEND ACTSby Great Britain These acts decreed that CUSTOMS DUTIES would be imposed on the
Robert Treat Paine 1731–1814
1814 Died, Boston, Mass.
1812–14 War of 1812
1790–1804 Served
on the Mass.
Supreme Court
1777–90 Served
as first attorney general of Mass.
1731 Born,
Boston, Mass.
◆
1749 Graduated from Harvard College
◆
1757 Admitted
to Mass.
bar
1773–75
& 1777–78 Served in Mass.
Provincial Assembly
1774–78 Attended the Continental Congresses
1780 Helped establish the American Academy of Arts and Sciences
1776 Signed Declaration of Independence
1775–83 American Revolution
◆
Robert Treat Paine.
390 PAINE, ROBERT TREAT
Trang 4importation of tea, lead, glass, paints, and
paper When British troops were sent to Boston
to enforce payment of the duties, the colonists
harassed them to such an extent that they fired
into a crowd, killing five men
Subsequently Paine served two terms as a
member of the Massachusetts Provincial
As-sembly, from 1773 to 1775 and from 1777 to
1778, acting as speaker during 1777 and 1778
During the next four years, he was an active
member of two congresses: the Provincial
CONGRESS, from 1774 to 1778 In Congress
he signed the final appeal to the king (the Olive
Branch Petition of 1775), and helped frame the
rules of debate and acquire gunpowder for the
INDEPENDENCE.
Paine continued to be active in
Massachu-setts government after the American
Revolu-tion In 1777 he became the first attorney
general of Massachusetts and held that office
until 1790 From 1778 to 1780, he was involved
in the enactment of the Massachusetts
constitu-tion and was instrumental in the establishment
of the American Academy of Arts and Sciences
in 1780 In 1790 Paine became a justice of the
remained until 1804
Paine died May 11, 1814, in Boston,
Massachusetts His remains were interred at
com-memorative statue in his honor stands in
CROSS REFERENCES
Boston Massacre Soldiers; Massachusetts Constitution of
1780.
vPAINE, THOMAS
Social agitator Thomas Paine was an influential political writer whose support of revolution and republican government emboldened the Amer-ican colonists to declare independence from England In 1776 the corset-maker-turned-pamphleteer published the first of a sixteen-part series entitled The American Crisis Paine’s
the times that try men’s souls.” Paine wrote the famous pamphlet to lift the spirits of the beleaguered Continental Army
The effect of Paine’s political writing was felt not only in America but also in England and France After the American Revolution, Paine returned to his native Europe, where he supported the French Revolution His political opinions ignited a storm in England and landed him in jail
in France During his lifetime, Paine’s political views made him both tremendously popular and almost universally despised In particular, his later writings about organized religion and deism offended many Americans Shunned and penni-less at the end of his life, Paine has only recently found his rightful place in history
Paine was born into a poor English family
on January 29, 1737, in Thetford, Norfolk, England To help support his Quaker father and Anglican mother, Paine quit school at age 13 and began training in corset making, his father’s trade Unhappy in his vocation, Paine left home
War Afterward, he traveled to London, where
he became interested in science and mechanics
Paine held a variety of jobs, including customs official, preacher, and schoolteacher At the
served as a colonial official in England, Paine immigrated to America Arriving in Philadelphia
Thomas Paine 1737–1809
1809 Died, New York City
1812–14 War of 1812
1787 Returned
to England
1737 Born,
Thetford,
Norfolk,
England
◆
1792 Obtained French citizenship; elected to the National Convention; imprisoned by Robespierre government
1776 Published The American Crisis and Common Sense
1775–83 American Revolution
◆
1791 Published The
Rights of Man
◆ ◆
1794 Published first half of The Age of Reason
◆
1796 Wrote Letter to Washington; published second half of The Age of Reason
1774 Immigrated to America;
became managing editor of
Pennsylvania Magazine
1777–79 Attended the Continental Congress
◆
1802 Returned
to the United States
◆
PAINE, THOMAS 391
Trang 5in 1774, Paine became the managing editor of Pennsylvania Magazine
In January 1776 Paine published his first important pamphlet, Common Sense A phe-nomenal success, the publication sold more than five hundred thousand copies Paine urged the American colonies not only to protest English taxation but to go further and declare independence He also recommended calling a constitutional convention to establish a new
influ-ential in convincing the colonists to cut their ties with England, embrace the Revolution, and embark upon a new, republican form of government
Paine served in the Continental Army and experienced firsthand the miserable conditions
retreat, he wrote the influential series The American Crisis Under orders from General
to encourage the troops The American Crisis has been given credit for inspiring the American victory in the Battle of Trenton
CONGRESSin 1777, as secretary of the Committee
of Foreign Affairs He resigned under pressure
in 1779 after publishing confidential informa-tion about treaty negotiainforma-tions with France After the United States’ victory over England, Paine devoted his time to perfecting his inven-tions In 1787 he returned to Europe to gather financial support and interest in his ideas for
an iron bridge While in England, Paine became caught up in the debate over the French Revolution In 1791 he published the first part
of The Rights of Man It was a response to Edmund
(1790), a vigorous denunciation of the events in
revolution and upheld the dignity and rights of the common person Controversial for its time, The Rights of Man sold two 200,000 copies in England but Paine was forced out of that country
Paine moved to France After obtaining French citizenship, he was elected to the National Convention in 1792 Because Paine protested the execution of Louis XVI, he was arrested and imprisoned by the radical Robespierre government Barely avoiding the guillotine, he spent ten months in a Luxem-bourg prison before his release was won by JAMES MONROE, U.S ambassador to France Paine wrote Letter to Washington in 1796, a critical look at the U.S president’s inability to quickly
While in prison, Paine published in 1794 the first half of his most controversial work, The Age
of Reason The second half was printed in 1796, after his release In The Age of Reason, Paine criticized organized religion and explained his own deist beliefs Deism is a religious and philosophical belief that accepts the concept of God but views reason as the key to moral truths
with atheism, the rejection of a belief in God Because people mistook The Age of Reason for an atheist tract, Paine came under attack for his unorthodox religious views
When Paine arrived in the United States in
1802, he was rejected by many of his former associates His reputation was damaged by his misinterpreted deist beliefs and by his
WASHINGTON.
Paine died June 8, 1809, in New York City, misunderstood and impoverished, with his role
in the Revolutionary War downplayed by his detractors He was buried on his farm in New
Thomas Paine.
PHOTOGRAPH OF
PAINTING BY ROMNEY.
NATIONAL ARCHIVES
AND RECORDS
ADMINISTRATION
S OCIETY IN EVERY
STATE IS A BLESSING ,
BUT GOVERNMENT ,
EVEN IN ITS BEST
STATE , IS BUT A
NECESSARY EVIL ; IN
ITS WORST STATE AN
INTOLERABLE ONE
392 PAINE, THOMAS
Trang 6Rochelle, New York In 1819 political journalist
William Cobbett made arrangements to have
Paine reburied in England in a place of honor
were lost They were never retrieved
Paine’s reputation as a political philosopher
has been largely restored He is remembered
favorably for his rousing call to arms during the
American Revolution and for his defense of
republicanism and the rights of common
people Many respected historical figures
ADAMS (with whom he was often in dispute):
“Without the pen of Paine, the sword of
In speaking of Payne, Thomas Alva Edison said,
“And I consider Paine our greatest political
thinker As we have not advanced, and perhaps
never shall advance, beyond the Declaration and
Constitution, so Paine has had no successors
who extended his principles.”
FURTHER READINGS
Aldridge, Alfred Owen 1959 Man of Reason: The Life of
Thomas Paine Philadelphia: Lippincott.
Ayer, A.J 1988 Thomas Paine New York: Atheneum.
Keane, John 2003 Tom Paine: A Political Life New York:
Grove Press.
PAIRING-OFF
In the practice of legislative bodies, a system by
which two members, who either belong to
opposing political parties or are on opposite sides
with respect to a certain issue, mutually agree that
they will both be absent from voting, either for a
specified period or when a vote is to be taken on a
particular issue
As a result of pairing-off, a vote is
neutral-ized on each side of the question, and the
comparative division of the legislature remains
the same as if both members were present The
practice is said to have originated in the English
House of Commons during the time of Oliver
Cromwell
PAIS
[French, The country; the neighborhood.] A
trial per pais denotes a trial by the country; that
is, trial by jury
An ESTOPPEL in pais means that a party is
prevented by his or her own conduct from
obtaining the enforcement of a right which
would operate to the detriment of another who
justifiably relied on such conduct This type of estoppel differs from an estoppel by deed or by record which, as a result of the language set out
in a document, bars the enforcement of a claim against a party who acted in reliance upon those written terms
PALIMONY
SeeALIMONY; COHABITATION.
PALM OFF
To misrepresent the inferior goods of one producer
as the superior goods of a more reputable and well-regarded competitor in order to gain com-mercial advantage and promote sales
The doctrine of palming off is applied to the particular facts of a case in which theDEFENDANT
against the PLAINTIFF.
own in order to deceive buyers: (1) The product
at issue originates with the plaintiff; (2) the origin of the product is falsely designated by the defendant; (3) the false designation of origin causes consumer confusion; and (4) the plaintiff
is harmed by such confusion Lanham Trade-Mark Act, § 1 et seq., 15 U.S.C.A § 1051 et seq
Alexander Mitchell Palmer served as U.S
attorney general from 1919 to 1921 Palmer, who also served as a congressman and federal judge, became a controversial figure for
considered to be politically subversive These
“Palmer raids” violated basic civil liberties and ultimately discredited Palmer
Palmer was born May 4, 1872, in Moose-hood, Pennsylvania He graduated from Swarth-more College in 1891 and then studied law at Swarthmore, Lafayette College, and George Washington University Though he did not earn a law degree, he passed the Pennsylvania bar exam and was admitted to the bar in 1893
He entered a small law firm in Stroudsberg, Pennsylvania, and practiced there until 1901
He then became a solo practitioner
During the 1890s Palmer became active in DEMOCRATIC PARTYpolitics He was elected to the
F ULLY 90 PERCENT
OF THE C OMMUNIST AND ANARCHIST AGITATION IS TRACEABLE TO ALIENS
—A M ITCHELL
Trang 7U.S House of Representatives in 1908 where he served until 1915 In 1912 he played a key role in securing the Democratic presidential
asked Palmer to join his cabinet as secretary of
precluded him from accepting the office
In 1914 he ran for the U.S Senate but lost
In April 1915 Wilson appointed him a judge of the United States Court of Claims It was a brief appointment He resigned in September and returned to his law practice He continued his
political career, however, serving as a member
of the Democratic National Committee during Wilson’s eight-year term
In 1917, after the United States entered WORLD WAR I, Wilson appointed Palmer custo-dian of alien property Palmer’s duties included seizing and selling properties belonging to aliens, primarily Germans, and his methods often met with disapproval
In March 1919 Wilson appointed Palmer U.S attorney general Though World War I was over, the Bolshevik Revolution in Russia caused political hysteria in western Europe and the United States The Communist movement advocated world revolution, and U.S leaders suspected that left-wing radicals, who were primarily aliens, were plotting to overthrow the government
the SEDITION Act of 1918 to begin a crusade against this perceived threat He deported the
radicals, but these actions were a prelude to his unprecedented dragnets On January 2,
33 cities rounded up six thousand persons suspected of subversive activities Agents en-tered and searched homes without warrants, held persons without specific charges for long periods of time, and denied them legal counsel
Scare” that ignored civil liberties in the pursuit of rooting out allegedly subversive activities He steadfastly defended the raids in the face of widespread protests
Alexander Mitchell Palmer 1872–1936
❖
1872 Born,
Moosehood,
Pa.
◆
1891 Graduated from Swarthmore College
1901 Opened solo law practice
1914–18 World War I
1939–45 World War II
❖
1936 Died, Washington, D.C.
1917 Appointed custodian of alien property
1893 Admitted
to Pa bar
◆
1912 Worked to secure Wilson's nomination for president
◆ ◆
1915 Appointed to U.S Court of Claims
1909–15 Served in U.S House
1919 Anarchist Emma Goldman deported
1919–21 Served as U.S attorney general under Wilson
◆◆
1920 Palmer Raids conducted, thousands of "subversives" arrested
A Mitchell Palmer.
LIBRARY OF CONGRESS.
394 PALMER, ALEXANDER MITCHELL
Trang 8Palmer sought to succeed Wilson as
presi-dent but lost the Democratic Party nomination
in 1920 After leaving the office of attorney
general in March 1921, Palmer resumed his
private law practice and remained active in
Democratic Party politics, campaigning for
presidential candidate Alfred E Smith in 1928
andFRANKLIN D ROOSEVELT in 1932 Palmer died
May 11, 1936, in Washington, D.C
FURTHER READING
Coben, Stanley 1972 A Mitchell Palmer: Politician New
York: Da Capo Press.
PALPABLE
Easily perceptible, plain, obvious, readily visible,
noticeable, patent, distinct, manifest
The term palpable usually refers to some
type of egregious wrong, such as a governmental
reconsideration of a district court’s order, is a
defect which is obvious, clear, unmistakable,
manifest, or plain U.S Dist Ct Rules E.D
Mich., Rule 7.1(g)
substantial rights of a party and which has
resulted in manifest injustice
PALSGRAF V LONG ISLAND
RAILROAD COMPANY
Palsgraf v Long Island Railroad Company, 248
N.Y 339, 162 N.E 99, decided by the New York
Court of Appeals in 1928, established the
is liable only for the harm or the injury that is
foreseeable and not for every injury that follows
The unique facts of the case created a need
for a new application of the generally accepted
theory that negligence is the absence of care,
according to the circumstances Mrs Palsgraf
was standing on a railroad platform when she
was injured by falling scales The scales toppled
as the result of a shock of an explosion caused
by an accident that occurred at the other end of
The accident involved a passenger with a
package who was running to catch a departing
train As the passenger jumped to board the train,
two railroad employees, one on the train and the
other on the platform, reached for and pushed
(respectively) him so he would not fall off it The employees’ help caused the passenger to drop the package The package wrapped in newspaper contained fireworks that exploded upon hitting the tracks The resulting explosion caused the scales to fall, striking Palsgraf She sued the railroad for the conduct of its employees that led the passenger to drop his package of fireworks
Both the trial court and the intermediate appellate court awarded judgment to the plaintiff, Palsgraf The Court of Appeals
judgment Cardozo stated that negligence is
the risk of danger The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is to another or others
concession, there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread
one owes to the world at large the duty of refraining from those acts that may
Unrea-sonable risk being taken, its consequences are not confined to those who might probably be
public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events
natural results of a negligent act affect a determination of whether the act is a proximate cause of the injuries The dissenters, therefore,
needed no great foresight to predict that the natural result would be to injure one on the platform at no greater distance from its scene than was the plaintiff.”
FURTHER READINGS Beatty, Jeffrey F., and Susan S Samuelson 2008 Business Law and the Legal Environment, Standard Edition.
5th ed Mason, OH: South-Western.
Manz, William H 2003 “Palsgraf: Cardozo’s Urban Legend?” Dickinson Law Review 107 (spring).
Weinrib, Ernest J 2001 “The Passing of Palsgraf.”
Vanderbilt Law Review 54 (April).
PALSGRAF V LONG ISLAND RAILROAD COMPANY 395
Trang 9To pimp; to cater to the gratification of the lust of another To entice or procure a person, by promises, threats, fraud, or deception to enter any place in which prostitution is practiced for the purpose of prostitution
Pandering is established when the evidence shows that the accused succeeded in inducing a victim to become an inmate of a house of PROSTITUTION One who solicits for a prostitute is
a panderer A case that discusses the concept of pandering is Edwards v Com 218 Va 994, 243 S.E.2d 834 Va., 1978
The pandering of obscenity refers to the business of purveying, by some form of advertising, pictorial or graphic material that appeals to the prurient interest of customers or potential customers
CROSS REFERENCE Obscene.
PANEL
A list of jurors to serve in a particular court or for the trial of a designated action A group of judges
of a lesser number than the entire court convened
to decide a case, such as when a nine-member appellate court divides into three, three-member groups, and each group hears and decides cases A plan in reference to prepaid legal services
The term open-panel legal services refers to a plan in which legal services are paid for in advance, usually by insurance, but in which members can select their own lawyers Under a closed panel, all legal services are rendered by a group of attorneys previously chosen by the insurer, the union, or another entity
PAPER
A document that is filed or introduced in evidence
in a lawsuit, as in the phrases papers in the case and papers on appeal
Any written or printed statement, including letters, memoranda, legal or business documents, and books of account, in the context of theFOURTH AMENDMENT to the U.S Constitution, which
AND SEIZURESwith respect to their “papers” as well
as their persons and houses
In the context of accommodation paper and COMMERCIAL PAPER, a written or printed evidence of debt
PAR
In commercial law, equal; equality
The term par refers to an equality that exists between the nominal or face value of a
values are equal, the share is said to be at par; if it can be sold for more than its face value, it is above par; if it is sold for less than its nominal value, it is below par On a bond, the “par value” is the stated amount that the bondholder can receive as of the bond’s maturity The par value of a stock is the
initially assigns (often one cent) It is generally unrelated to the stock’s market price
FURTHER READING Hazen, Thomas Lee 2009 Securities Regulation in a Nutshell.
St Paul, Minn.: West.
PARALEGAL
SeeLEGAL ASSISTANT.
PARALLEL CITATION
A reference to the same case or statute published in two or more sources
TOPEKA, KANSAS, a landmark decision by the Supreme Court in 1954, can be located in 347 U.S 483, 74 S Ct 686, and 98 L Ed 873 These references are parallel citations to reporters in which Supreme Court decisions are published
PARAMOUNT TITLE
In the law of real property, ownership that is superior to the ownership with which it is compared, in the sense that the former is the source or the origin of the latter
The term paramount title is, however, frequently used to signify a title that is merely better or stronger than another or will prevail over it This usage is rarely correct, unless the superiority consists of the seniority of the title referred to as paramount
PARCENER
A joint heir
Also called a coparcener Someone who becomes a joint owner, co-heir, of an estate through descent Collectively the joint heirs are called coparceners
396 PANDER
Trang 10A pardon in the action of an executive official of
the government that mitigates or sets aside the
punishment for a crime
The granting of a pardon to a person who has
committed a crime or who has been convicted of
a crime is an act ofCLEMENCY, which forgives the
wrongdoer and restores the person’sCIVIL RIGHTS.
At the federal level, the president has the power to
grant a pardon, and at the state level the governor
or a pardon board made up of high-ranking state
officials may grant it
The power to grant a pardon derives from the
English system in which the king had, as one of
his royal prerogatives, the right to forgive virtually
all forms of crimes against the crown The
Framers of the U.S Constitution, in Article II,
Section 2, Clause 1, provided that the president
“shall have Power to grant Reprieves and Pardons
for Offences against the United States, except in
the courts have interpreted this clause to give the
president virtually unlimited power to issue
pardons to individuals or groups and to impose
conditions on the forgiveness
The first major court case involving the
pardon power, Ex parte Garland, 71 U.S (4
Wall.) 333, 18 L Ed 366 (1866), established
both the scope of the pardon power and the legal
effect on a person who was pardoned President
ANDREW JOHNSON pardoned Arkansas attorney
Garland, who had not been tried, for any offenses
he might have committed during the Civil War
Garland sought to practice in federal court, but
federal law required that he swear an oath that he
the pardon absolved him of the need to take the
held that the scope of the pardon power
“is unlimited, with the exception stated
[impeachment.] It extends to every offence
known to the law and may be exercised at any
time after its commission, either before legal
proceedings are taken, or during their pendency,
The power to pardon applies only to offenses
against the laws of the jurisdiction of which the
pardoning official is the chief executive Thus the
president may only pardon for violations of
federal law, and governors may only pardon for
violations of the laws of their states
A president or governor may grant a full
(unconditional) pardon or a conditional pardon
The granting of an unconditional pardon fully restores an individual’s civil rights forfeited upon
innocence as though he or she had never committed a crime, which means that a recipient
of a pardon may regain the right to vote and to hold various positions of public trust
A conditional pardon imposes a condition
on the offender before it becomes effective
Typically this means the commutation of a sentence For example, the president has the power under the pardon clause to commute a death sentence on the condition that the accused serve the rest of his or her life in
though a life sentence imposed directly by a court would otherwise be subject to parole In upholding this type of conditional pardon, the Supreme Court in Schick v Reed, 419 U.S 256,
95 S Ct 379, 42 L Ed 2d 430 (1974), reasoned
humanitarian impulses support an
attachment of any condition which does not
Unless the pardon expressly states that it is issued because of a determination that the recipient was innocent, a pardon does not imply innocence It is merely a forgiveness of the offense It is generally assumed that acceptance
of a pardon is an implicit acknowledgment of guilt, for one cannot be pardoned unless one has committed an offense Generally speaking, a commutation of sentence usually reduces the length of a sentence, but does not erase the consequences of conviction, such as voting bars, prohibitions from office-holding, and restric-tions on future gun ownership Pardons typically remove the consequences of criminal conviction
The Constitution allows two other pardon powers besides the power of commutation It
pardon in that it establishes a temporary delay
in the enforcement of the sentence imposed by the court, without changing the sentence or forgiving the crime A reprieve might be issued for the execution of a prisoner to give the prisoner time to prove his or her innocence
A related power is the power to grant
“amnesty,” which is also implicit in the pardon
communities, instead of individuals The power
PARDON 397