Burkholder, 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 subordinate “packs” the list of nominees presented to the convening authority. Vote dilution in violation of the Voting Rights Act can be a form of “packing.” It is achieved by concentrating minority members into a few districts in which they co nstitute an excessive majority, thereby limiting the com- munity’s representation to as few districts as 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 constitutin g 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 with CONSUMER CREDIT transactions. “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 See KELLOGG-BRIAND PACT. PACTA SUNT SERVANDA [Latin, Promises must be kept.] An expression signifying that the agreements and stipulations of the par ties to a contract must be observed. PACTUM [Latin, Pact.] A compact, bargain, or agreement. v PAGE, ALAN CEDRIC Alan Cedric Page, former Minnesota Vikings football star, has served as an associate justice of the Minnesota Supreme Court since 1993. Page gained athletic fame as one of the four “Purple People Eaters” for the Vikings’ defense who were essential to the team’s ten division titles Alan Cedric Page 1945– ▼▼ ▼▼ 1925 2000 1975 1950 ◆ ❖ ◆ ◆ ◆ ◆ ◆ 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 388 PACKING and 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 Justice THURGOOD MARSHALL and was a fan of the Perry Mason television sh ow. 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 p rofessionally,” he said, “I never viewed myself as a football player. There’s far more to life than being an 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 end and played on the school’s 1966 national 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 in labor and employment LITIGATION from 1979 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 decent Americans provide every day for “creating and sustaining hope for the future.” He noted, “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 cam- paign, an opponent charged that Page’s foun- dation activities violated canons regarding the judicial appearance of impartiality. The ethics complaint showed that donation s to the schol- arship fund had soared in recent years and that some of the contributors included companies and law firms with cases pending befor e 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 sch olarships only to minorities vio- lated the judicial canon prohibiting any expres- sions of bias or prejudice. In February 1999 the Alan Page. AP IMAGES AT 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. —ALAN PAGE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PAGE, ALAN CEDRIC 389 Minnesota Board of Judicial Standards cleared Page of any ethics violations in the ma tter. 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 mos t influential Minnesotans and one of the 100 most impor- tant athletes in the twentieth century. In 2004, Page received the NCAA’s THEODORE ROOSEVELT Award, the association’s most esteemed honor, and in 2005 he accepted the National Football Foundation and College Hall of Fame’s 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 N ew 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). v PAINE, 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 prosecuting attor ney in the BOSTON MASSACRE trial (JOHN ADAMS was opposing counsel). The Boston Massacre, which occurred in 1770, was a violent response to the passing of the TOWN- SHEND ACTS by Great Britain. These acts decreed that CUSTOMS DUTIES would be imposed on the ▼▼ ▼▼ Robert Treat Paine 1731–1814 1725 1775 1800 1825 1750 ❖ ❖ ◆ 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. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 390 PAINE, ROBERT TREAT importation 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, in 1774 and 1775, and the CONTINENTAL 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 coming war. In 1776 he signed the DECLARATION OF 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 Massachusetts Supreme Court, where he remained until 1804. Paine died May 11, 1814, in Boston, Massachusetts. His remains were interred at Boston’s Granary Burying Ground. A com- memorative statue in his honor stands in Taunton’s Church Green area. CROSS REFERENCES Boston Massacre Soldiers; Massachusetts Constitution of 1780. v PAINE, THOMAS Social agitator Thomas Paine was an influential political writer whose support of revolution and republican government em boldened 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 tract contained the stirring words “These are 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’spolitical 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 and enlisted as a seaman in the Seven Years’ 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 urging of BENJAMIN FRANKLIN, while Franklin served as a colonial official in England, Paine immigrated to America. Arriving in Philadelphia ▼▼ ▼▼ Thomas Paine 1737–1809 1725 1775 1800 1825 1750 ❖ ❖ ◆ 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 ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PAINE, THOMAS 391 in 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 government. Paine ’s tract was extremely 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 of war. To boost the soldiers’ morale after a retreat, he wrote the influent ial series The American Crisis. Under orders from General Washington, Paine’s pamphlet was read aloud to encourage the troops. The American Crisis has been given credit for inspiring the American victory in the Battle of Trenton. Paine was elected to the CONTINENTAL CONGRESS in 1777, as secretary of the Committee of Foreign Affairs. He resigned under pressure in 1779 after publishing confidential informa- tion about treaty negotiations 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 Burke’s Reflections on the Revolution in France (1790), a vigorous denunciation of the events in France. Paine’s The Rights of Man supported the 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 under an INDICTMENT for TREASON. 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 obtain Paine’s freedom. 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. Deism was confused by many of Paine’sreaders 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 an d by his public criticism of the American hero GEORGE 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 SOCIETY 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 . —THOMAS PAINE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 392 PAINE, THOMAS Rochelle, New York. In 1819 political journalist William Cobbett made arrangements to have Paine reburied in England in a place of honor. Somehow, en route to England, Paine’s remains 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 pro- fessed their admiration for Payne, such as JOHN ADAMS (with whom he was often in dispute): “Without the pen of Paine, the sword of Washington would have been wielded in vain. ” 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-o ff, 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 co nduct 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 See ALIMONY; 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 the DEFENDANT is accused of engaging in UNFAIR COMPETITION against the PLAINTIFF. There is also a form of trademark INFRINGE- MENT known as “reverse palming off” whereby one falsely claims another’s product as one’s 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. v PALMER, ALEXANDER MITCHELL 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 round- ing up thousands of ALIENS in 1920 that he 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 PARTY politics. He was elected to the FULLY 90 PERCENT OF THE COMMUNIST AND ANARCHIST AGITATION IS TRACEABLE TO ALIENS . —A. MITCHELL PALMER GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PALMER, ALEXANDER MITCHELL 393 U.S. House of Representatives in 1908 where he served until 1915. In 1912 he played a key role in securing the Democratic presidential nomin- ation for New Jersey governor WOODROW WILSON. Following Wilson’svictorythatfall,Wilson asked Palmer to join his cabinet as secretary of war. Palmer’spacifistQuakerbeliefs,however, 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 Demo cratic 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 movem ent advocated world revolution, and U.S. leaders suspected that left-wing radicals, who were primarily aliens, were plotting to overthrow the government. Palmer used the ESPIONAGE ACT OF 1917 and the SEDITION Act of 1918 to begin a crusade against this perceived threat. He deported the anarchist EMMA GOLDMAN and many other radicals, but these actions were a prelude to his unprecedented dragnets. On January 2, 1920, at Palmer’s direction, federal agents in 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. Hundreds of aliens were deported. Palmer’s actions were part of an anti-Communist “Red 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 ▼▼ ▼▼ 18751875 19501950 19251925 19001900 ❖ 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. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 394 PALMER, ALEXANDER MITCHELL Palmer 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 Alf red E. Smith in 1928 and FRANKLIN 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 error or ABUSE O F POWER. A “palpable defect,” one that warrants 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). A “palpable error” is one that affects the 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 principle in TORT LAW that one who is negligent is liable only for the harm or the injury that is foreseeable and not for every injury that follows from his or her NEGLIGENCE. 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 platform, “many feet away” from Palsgraf. 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 deci- sion, written by BENJAMIN CARDOZO, reversed the judgment. Cardozo stated that negligence is wrongful “because the eye of vigilance perceives 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 within the range of apprehension.” Given this principle, Cardozo reasoned that “Here, by concession, there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage throughout the station.” The dissenting opinion offered that “Every one owes to the world at large the duty of refraining from those acts that may unreason- ably threaten the safety of others Unrea- sonable risk being taken, its consequences are not confined to those who might probably be hurt.” It viewed the concept of proximate cause as “practical politics,” not based on logic. Although it must be “ something without which the event would not happen,” proximate cause means “that, because of convenience, of public policy, of a ro ugh sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point.” The foreseeable or natural results of a negligent act affect a determination of whether the act is a proximate cause of the injuries. The dissenters, therefore, reasoned “given such an explosion as here, it 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). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PALSGRAF V. LONG ISLAND RAILROAD COMPANY 395 PANDER To 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 prostitu te 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 mat erial 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 the FOURTH AMENDMENT to the U.S. Constitution, which protects the people from unreasonable SEARCHES AND SEIZURES with 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 document—such as a BILL OF EXCHANGE or a share of stock—and its actual selling value. When the 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 amount that an issuing corporation’scharter initially assigns (often one cent). It is generally unrelated to the stock’smarketprice. FURTHER READING Hazen, Thomas Lee. 2009. Securities Regulation in a Nutshell. St. Paul, Minn.: West. PARALEGAL See LEGAL ASSISTANT. PARALLEL CITATION A reference to the same case or statute published in two or more sources. For example, BROWN V. BOARD OF EDUCATION OF 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 publis hed. 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. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 396 PANDER PARDON A 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 of CLEMENCY, which forgives the wrongdoer and restores the person’s CIVIL 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 Cases of Impeachment.” Throughout U.S. history 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 th e 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 and Confederate sympathizer ALEXANDER HAMILTON 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 never aided the CONFEDERACY. Garland argued that the pardon absolved him of the need to take the oath. The SUPREME COURT agreed with Garland. It 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, or after conviction and judgment.” 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 conviction of a crime and restores the person ’s 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 prison without eligibility for PAROLE,even 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 that “considerations of PUBLIC POLICY and humanitarian impulses support an interpreta- tion of that [pardon] power so as to permit the attachment of any condition which does not otherwise offend the Constitution.” 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 acceptan ce 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 expressly speaks about the president’s power to grant “reprieves.” A reprieve differs from a 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 pardo n power. AMNESTY is applied to whole classes or communities, instead of individuals. The power GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PARDON 397 . from 177 3 to 177 5 and from 177 7 to 177 8, acting as speaker during 177 7 and 177 8. During the next four years, he was an active member of two congresses: the Provincial Congress, in 177 4 and 177 5,. Harvard College ◆ 175 7 Admitted to Mass. bar 177 3 75 & 177 7 78 Served in Mass. Provincial Assembly 177 4 78 Attended the Continental Congresses 178 0 Helped establish the American Academy of Arts and. Sciences 177 6 Signed Declaration of Independence 177 5–83 American Revolution ◆ Robert Treat Paine. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 390 PAINE, ROBERT TREAT importation of tea, lead,