CIVICS
Complementarity
The principle of complementarity provides that a case is inadmissible before the International Criminal Court (ICC) if it is currently under investigation by a state with jurisdiction over it. The concept of complementarity, however, allows for ICC jurisdiction in situations when the state is unable or unwilling to proceed with an investigation or where the state investigation is conducted in bad faith such as when it is used to shield the person from criminal responsibility.
Common Law
Law that is derived from judicial decisions instead of from statutes. Early American common law was taken from English common law. See, e.g. Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996).
Clemency
The power of the President of the United States or a state governor to pardon a criminal or to commute a sentence. The term itself means "leniency" or "mercy." see, e.g. Herrera v. Collins, 506 US 390 (1993).
See Criminal law
Affirmative Action
Definition
A set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking admission to an educational program or looking for professional employment. In modern American jurisprudence, it typically imposes remedies against discrimination on the basis of, at the very least, race, creed, color, and national origin.
menu of sources
Supreme Court & case resources
- University of California Regents v. Bakke, 438 U.S. 265 (1978)
- Fullilove v. Klutznick, 448 U.S. 448 (1980)
- Wygant v. Jackson Board of Education, 476 U.S. 267 (1986)
- United States v. Paradise, 480 U.S. 149 (1987)
- City of Richmond v. Croson, 488 U.S. 469 (1989)
- Adarand Constructors v. Pena, 515 U.S. 200 (1995)
- Grutter v. Bollinger, 539 U.S. 306 (2003)
- Gratz v. Bollinger, 539 U.S. 244 (2003)
- Alexander v. Sandoval, 532 U.S. 275 (2001)
- Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)
- General Dynamics Land Systems Inc. v. Cline et al., 540 U.S. 581 (2004)
Documents
Agencies
- Office of Federal Contract Compliance Programs, Department of Labor
- Equal Employment Opportunity Commission
- Office of Civil Rights, Department of Education
Federal Material
US Constitution
Federal Statutes
- USC §§ 1981, 1981a, 1983, 1988 - Nineteenth Century Civil Rights Acts
- 29 USC § 206 - Equal Pay Act of 1963
- 42 USC Ch. 21 - Civil Rights Act of 1964
- 29 USC §§ 621 - 634 - The Age Discrimination in Employment Act (1967)
- 20 USC §§ 1681-1688 - Title IX Education Amendments (1972)
- 29 USC §§ 791, 793, 794(a) - The Rehabilitation Act of 1973
- 38 USC § 4212 - Vietnam Era Veterans' Readjustment Assistance Act of 1974
- 42 USC Ch. 126 - Americans with Disabilities Act of 1990
- Civil Rights Act of 1991
Federal Agency Regulations
- 34 CFR Chapt. I - Office of Civil Rights
- 34 CFR 100.3(b)(6)(i)
- 29 CFR Chapt. XIV - Equal Employment Opportunity Commission
- 41 CFR Part 60-2 Affirmative Action Programs - Office of Federal Contract Compliance
Federal Judicial Decisions
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions on Affirmative Action
other topics
Amicus Curiae
Antitrust Violations
Violations of laws designed to protect trade and commerce from abusive practices such as price-fixing, restraints, price discrimination, and monopolization. The principal federal antitrust laws are the Sherman Act (15 U.S.C. §§ 1-7) and the Clayton Act (15 U.S.C. §§ 12-27).
Affidavit
A voluntarily sworn declaration of written facts. Affidavits are commonly used to present evidence in court. see, e.g. Edenfield v. Fane, 507 US 761 (1993).
Advisory Opinion
A court's nonbinding interpretation of law. It states the opinion of a court upon a legal question submitted by a legislature, government official, or another court. Federal courts cannot issue advisory opinions because of the Constitution's case-or-controversy requirement.
Act
1. Something done or performed by a person or body (such as a court).
2. Formal product of a legislative body that becomes part of the law. An act may or may not concern a single subject (e.g., air quality). Acts codified in the United States Code can be found via the Table of Popular Names.
3. A word often included in the titles of legislative bills that have yet to become law.
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