wex backgrounders

Under the Tucker Act of 1887, the United States waived its sovereign immunity as to certain kinds of claims. Although the government is immune to lawsuits as a general rule, the Tucker Act exposes the government to liability for certain claims. Specifically, the Act extended the original Court of Claims’ jurisdiction to include claims for liquidated or unliquidated damages arising from the Constitution (including takings claims under the Fifth Amendment), a federal statute or regulation, and claims in cases not arising in tort.

The International Criminal Court: a backgrounder

The International Criminal Court (ICC), was established as the first permanent independent international criminal court with jurisdiction over persons for the most serious crimes of concern to the international community. This jurisdiction, however, will be complementary to national criminal jurisdiction.

Bipartisan Campaign Reform Act of 2002: an overview

[updated December 2003]

The Bipartisan Campaign Reform Act (pdf) was signed into law in March of 2002. On the same day that BCRA became official federal policy, Senator Mitch McConnell and the National Rifle Association ("NRA") both filed complaints, challenging the constitutionality of the bill. The cases were assigned to a district court of three judges - District Court Judge Colleen Kollar-Kotelly, District Court Judge Richard J. Leon, and Circuit Court Judge Karen LeCraft Henderson. In the wake of numerous amicus briefs, 1,676 pages of briefs, and over 100,000 pages of witness testimony, the District Court commenced oral arguments on December 4, 2002 and filed their final opinion on May 1, 2003. Parties on both sides immediately began the appeals process to the Supreme Court. To accommodate the large number of parties, as well as the need for a quick and appropriate ruling, the Court scheduled oral arguments in McConnell v. Federal Election Commission to commence on September 8, 2003, a month before the 2003-2004 term officially began. On December 10, 2003, the Supreme Court delivered their opinion. McConnell v. FEC, 540 U.S. 93 (2003)

In the aftermath of the 2000 election and its many logistical issues, congress passed a bipartisan measure, the Help America Vote Act of 2002 (HAVA), in order to reform many facets of the voting process and increase voter education and turnout. Its goals include the replacement of voting machines, voter registration reform, better access to voting for the disabled and poll worker training. Congress set a date by which each goal must be completed, and provided federal funds to help with the process as long as they implement a plan and allocate a small amount of state funds to the effort. In addition, HAVA has successfully created the Election Assistance Commission in order to better facilitate federal elections.

Fair Debt Collection Practices Act (FDCPA): A Brief Overview of Federal Law

A creditor may seek to collect an outstanding debt in several ways. For example, the creditor may attempt to collect the debt through direct communications with the debtor, by filing a lawsuit against the debtor, by seeking to take possession of or to sell property securing the debt, or by hiring a debt collection service. Faced with “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors,” 15 U.S.C. § 1692(a), in 1978, Congress enacted the Fair Debt Collection Practices Act (FDCPA), U.S.C. § 1692 et seq.

gambling law: an overview

Gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

overview

The Geneva Conventions are a series of treaties on the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered hors de combat, or incapable of fighting. The first Convention was initiated by the International Committee for Relief to the Wounded (which became the International Committee for the Red Cross and Red Crescent). This convention produced a treaty designed to protect wounded and sick soldiers during wartime. The Swiss Government agreed to hold the Conventions in Geneva, and a few years later, a similar agreement to protect shipwrecked soldiers was produced. In 1949, after World War II, two new Conventions were added to the original two, and all four were ratified by a number of countries. The 1949 versions of the Conventions, along with two additional Protocols, are in force today.

The insanity defense and diminished capacity

• Theoretical background: An important distinction: "Not guilty by reason of insanity" versus "diminished capacity"
• Related legal issues: