Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P7 docx

summit conference with new Soviet leadership in 1955, and HUAC investigations had precipi- tously tapered off. Time had also given Amer- icans the opportunity to more accurately assess the minimal threat posed to natio nal security by the Communist Party in the United States. Equally important, the Supreme Court was under new leadership. Chief Justice Vinson died in 1953 and was replaced EARL WARREN, a chief justice who began a legacy of greatly expanding the scope of civil liberties in the United States. Twelve years after Yates, the WARREN COURT reiterated the First Amendment distinction between lawful subversive advocacy in the abstract and unlawful present incitement. In Brandenburg v. Ohio, 395 U.S. 444, 89 S. Ct. 1827, 23 L. Ed. 2d 430 (1969), the Court reversed the conviction of a KU KLUX KLAN leader under a state statute that prohibited advocacy of crime and violence as a necessary means to accomplish political reform. Ohio Rev. Code Ann. § 2923.13. The Court held that a state could not forbid advocacy of force or violence except where such advocacy is directed to producing imminent lawless action and is likely to incite or produce such action. FURTHER READINGS Boyer, Paul S. 2001. Oxford Companion to United States History. New York: Oxford Univ. Press. Bresler, Robert J. 2004. Freedom of Association: Rights and Liberties Under the Law. Denver, CO: ABC-CLIO. Hall, Kermit L. 2005. Oxford Companion to the Supreme Court of the United States. 2d ed. New York: Oxford Univ. Press. CROSS REFERENCES Freedom of the Press; Freedom of Speech. COMMUNIST PARTY USA Known officially as the COMMUNIST PARTY USA (CPUSA), the organization was formed in the United States in 1919, two years after the Russian Revolution had overthrown the mon- archy and established the Soviet Union. Many American Communists had been members of the SOCIALIST PARTY of America, but that party’s socialist leadership opposed the Russian revolu- tion and expelled those members who sup- ported it. The Communists were even more left-wing than the Socialists and attracted a number of radicals and anarchists as well as Communists. By August 1919, only months after its founding, the Communist party had 60,000 members, while the Socialist party had only 40,000. The administration of President Woodrow Wilson, fearful that American radicals might attempt to overthrow the U.S. g overnment, began making mass arrests in the fall of 1919. Ultimately, 10,000 suspected subversives were arrested in what became known as the Palmer Raids (after U.S. Attorney General A. Mitchell Palmer), with 249 deported to Russia. The Palmer Raids ended in May 1920, and the American Communists b egan to gain str ength. I n 1924, the party founded a newspaper, The Daily Worker, which, at its p eak, had a circulation o f 35,000. That same year, the party nominated labor activist William Z. Foster as its first candidate forU.S.president.Foster r eceived 35,361 votes. By then, the party was concentrating on helping to build labor unions and improving workers’ rights. They lobbied for higher wages, a national retirement program, and unemploy- ment insurance. With so many Americans affected by the Great Depression, the Commu- nist message sounded a note of hope to unemployed workers, and Foster received 102,991 votes in the 1932 presidential election. Still, many people were more comfortable with the less radical Socialist party, whose candidate, Norman Thomas, received 884,781 votes. The Spanish CIVIL WAR created a renewed interest in the Communist party, with many of its members opposing the government of Francisco Franco. Many American Communists went to Spain to fight against Franco’s forces. Once again, there was a mounting fear of COMMUNISM in the United States. The Commu- nist candidate for president in 1940, Earl Browder, was forbidden to travel within the United States and had to conduct his entire campaign through written statements and recorded speeches. During WORLD WAR II, the party had 75,000 members, and 15,000 registered Communists fought against Axis forces in Europe and Asia. The alliance with the Soviets did not survive beyond the war’s end in 1945, and a wave of anti-communism swept the United States. Although the Communist party in the United States was arguably less radical than it had been in its early days (in 1948 the party endorsed the PROGRESSIVE PARTY candidate, former Vice Presi- dent Henry A. Wallace, for President), the COLD WAR created a spirit of considerable distrust. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 48 COMMUNIST PARTY USA In 1948 a dozen leaders of the party were arrested for violating the Alien Registration Act, which made it illegal to advocate or assist in trying to overthrow the government. The House Un-American Activities Com- mittee (HUAC) investigated individuals who were thought to have Communist ties, and Senator JOSEPH R. MCCARTHY (R-Wis.) claimed that Communists had infiltrated the federal government. Although many of these accused Communists had either never been party members or else had been involved briefly in the 1930s when the party was more active in organizing labor, invariably their lives were shattered. Membership in the Communist party dropped to about 10,000 by 1957, even though it was never illegal to be a member. During the 1960s the Communist party became involved in the CIVIL RIGHTS MOVEMENT and also the antiwar movement. Gus Hall, longtime general secretary of the party, ran for President in 1968 (the party had not run its own candidate since 1940) and received only 1,075 votes. He ran in subsequent years, and in 1976 he received 58,992 votes. In 1988, instead of running, Hall pledged his support to JESSE JACKSON , w ho was seeking the Democratic nomination for president. In the new millennium, the CPUSA main- tains its commitment to the same political ideas that drove the Russian Revolution, but it embraces a more peaceful approach to creating change and social justice. Among the ideas it actively supports are socialized medicine, im- proved SOCIAL SECURITY benefits, stronger legisla- tion to protect the environment, and full funding for educatio n. The party also seeks greater cooperation with other political groups, believing that the best way to effect change is through the strength of broad-based coalitions. Some U.S. Supreme Court cases in which the Communist Party USA was a party include Communist Party v. SACB, 351 U.S. 115 (1956); Communist Party USA v. Subversive Activities Control Board No. 12, 367 U.S. 1 (1961); and Communist Party of Indiana v. Whitcomb, 414 U.S. 441 (1974). FURTHER READINGS Communist Party, USA. Available online at www.cpusa.org (accessed December 26, 2009). Foster, William Z., 1952. History of the Communist Party of the United States of America. New York: International Publishers. Jaffe, Philip J., 1975. The Rise and Fall of American Communism. New York: Horizon Press. Klehr, Harvey, 1984.The Heyday of American Communism: The Depression Decade. New York: Basic Books. CROSS REFERENCES Independe nt Parties; Socialist Party of the United States of America. COMMUNITY-ORIENTED POLICING A philosophy that combines traditional aspects of law enforcement with prevention measures, problem-solving, community engagement, and community partnerships. From the 1930s to the 1960s, U.S. law enforcement relied on a professional policing model. This model was based on hierarchical structures, efficient response times, standardi- zation, and the use of motorized patrol cars. Although this model improved efficiency, operations, and accountability, it proved inade- quate when civil disturbances erupted in the late 1960s. Critics charged that police and the communities they served were alienated from each other, and a call came for COMMUNITY- ORIENTED POLICING. A first attempt was the team policing approach, which assigned responsibility for a certain geographic area to a team of police officers who would get to know the neighbor- hood, its people, and its problems. This harkened back to the early twentieth century when police walked a beat. The approach, however, proved ineffective because it placed more emphasis on long-term problem solving than on rapid In 1932 Communist Party presidential candidate William Z. Foster (left) received 102,991 votes. He is pictured with his running mate James W. Ford, the first African American to run for vice president. BETTMANN/CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION COMMUNITY-ORIENTED POLICING 49 response to crime incidents. Internally, team policing intruded on functional lines of authori- ty, with patrol officers becoming involved in areas reserved to detectives and other specialists. Community policing programs grew out of the failures of team policing. The goal of community policing is to bring the police and the public it serves closer together to identify and address crime issues. Instead of merely responding to emergency calls and arresting criminals, poli ce officers in such programs get involved in finding out what causes crime and disorder, and attempt to creatively solve pro- blems in their assigned communities. To do this police must develop a network of personal contacts both inside and outside their depart- ments. This contact is fostered by foot, bike, or horse patrols—any effort that gets a police officer out of his or her squad car. The community policing philosophy now dominates contemporary police work. The federal government promoted community po- licing through the passage of the VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (Violent Crime Control Act), Pub.L. 103-322, Sept. 13, 1994, 108 Stat. 1796. Title I of the Crime Act, the Public Safety Partnership and Community Policing Act, provided $8.8 billion to fund local law enforcement agencies as they developed and enhanced their community policing capabilities. To assist in this effort the JUSTICE DEPARTMENT created a new agency, the Office of Community Oriented Policing Ser- vices (the COPS Office), to develop, administer, and supervise new grant programs resulting from the act. By 2002 COPS had awarded grants to law enforcement agencies to hire over 116,000 community police officers, purchase crime fighting technology, and support innova- tions in policing. More than 12,000 law enforcement agencies have received COPS funding. COPS has also trained more than 130,000 law enforcement officers and commu- nity members through a network of Regional Community Policing Institutes and Community Policing Consortium. A key element of community policing is an emphasis on crime prevention. The public has been encouraged to partner with the police in these efforts through the Neighborhood Watch Program. The National Sheriffs’ Association (NSA) started the program in 1972 as a way to lower crime rates. The Neighborhood Watch has grown in popularity since the early 1980s and is now familiar to most people. The Neighborhood Watch Program stresses education and common sense. It teaches residents how to help themselves by identifying and reporting suspicious activity in their neighborhoods. Most citizen groups concen- trate on observation and awareness as the primary means of preventing crime. Some groups, however, look out for their neighbor- hood by actively patrolling on a regular basis. In addition, the Neighborhood Watch Program gives residents the opportunity to reinvigorate their communities. For example, some groups seek to address youth crime by creating activity programs, w hich range from athletic events such as “midnight bas ketball” leagues to tutor- ing and drug awareness programs. One limitation of Neighborhood Watch Programs is that communities that need them the most are the ones that find them the hardest to maintain. This is particularly the case in lower income neighborhoods where adults work multiple jobs with odd hours, thus making it more difficult to schedule meetings and organize events. It also makes it diff icult for neighbors to get to know and care about one another in a way that makes them feel comfortable watching out for one ano ther. An effective Neighborhood Watch Program must follow certain steps to become an effective and ongoing crime prevention tool. The first step is to plan strategies that address the problems in the area. The second step is building a relationship and cooperation be- tween law enforcement officers and residents. An emphasis on bringing police and the public closer together to identify and address crime issues is a mark of community policing. Such contact has been fostered by an increase of patrol methods, such as bicycle patrols, that get officers out of squad cars and into the community. KELLY-MOONEY PHOTOGRAPHY/ CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 50 COMMUNITY-ORIENTED POLICING The third step is to assess the neighborhood needs and then to select and train volunteers. Finally, meaningful projects must be developed or else the group will lose interest. The Neighborhood Watch Program has also been adapted for rural and sparsely-populated areas, and business districts. And, following the terrorist attacks of September 11, 2001, Attor- ney General JOHN ASHCROFT announced that Neighborhood Watch Programs w ould be furnished with information that will enable citizens to recognize and report signs of potential terrorist activities. FURTHER READINGS COPS Office. Available online at http://www.cops.usdoj.gov (accessed July 15, 2009). Oliver, Willard M. 2007. Community-Oriented Policing: A Systematic Approach to Policing. Englewood Cliffs, NJ: Prentice-Hall. USAonwatch.org. National Sheriffs’ Association: Neighbor- hood Watch Program. Available online at http://www. usaonwatch.org (accessed July 15, 2009). COMMUNITY PROPERTY The holdings and resources owned in common by a husband and wife. Community PROPERTY LAW concerns the distribution of property acquired by a couple during MARRIAGE in the event of the end of the marriage, whether by DIVORCE or death of one of the parties. In COMMUNITY PROPERTY states all property accumulated by a HUSBAND AND WIFE during their marriage becomes joint property even if it was originally acquired in the name of only one partner. The states that utilize a community property method of dividing resources were influenced by the CIVIL LAW system of France, Spain, and Mexico. Laws vary among the states that recognize community property; however, the basic idea is that a husband and wife each acquire a one-half interest in what is labeled community property. A determining factor in the classification of a particular asset as community property is the time of acquisition. Community property is ordinarily defined as everything the couple owns that is acquired during the marriage with the exception of separate property owned by either of them individually. Separate property is that property that each individual brings into the marriage, in addition to anything that either spouse acquires by INHERITANCE during the marriage. Generally, four types of property acquired after marriage amount to community property: earnings, damages obtained from a PERSONAL INJURY suit, damages awarded in an industrial accident action, and rents and profits from separate property. Divorce In many community property law states, a husband and wife may enter into a PREMARITAL AGREEMENT that there will be no community property. Divorce terminates the community relationship in all community property states; however, the manner in which the property is divided differs. Upon the dissolution of a marriage, the source of property becomes important in determining whether an asset is community or separate property. Ordinarily, separate property includes that which is acquired through gift, DESCENT AND DISTRIBUTION, and devise or bequest. Each partner in a PROPERTY SETTLEMENT reac- quires whatever he or she owned prior to the marriage. In some states, community property is divided equally; in others, the division is based on the court’s discretion. In certain jurisdic- tions, the guilt of a spouse in a divorce action can be a factor in reducing his or her share of the community property. Inheritance Laws Each spouse owns one-half of the couple’s property in community property states, and, therefore, when a husband or wife dies only a Alaska allows couples to possess community property, but it is not mandated by law. Community Property States a , 2009 SOURCE: Internal Revenue Service, Publication 555, available online at http://www.irs.gov/publications/ p555/ar01.html (accessed Au g ust 14, 2009). • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION COMMUNITY PROPERTY 51 one-half of the marital property is inheritable because the surviving spouse owns in his or her own right one-half of the marital property. COMMUNITY SERVICE A sentencing option for persons convicted of crimes in which the court orders the defendant to perform a number of hours of unpaid work for the benefit of the public. A person convicted of a criminal offense may be required to complete a sentence of COMMUNITY SERVICE directly or as an express condition of PROBATION. Typically, the commu- nity service will involve performance at a facility that has been authorized by the court or probation department. Community service is appropriate when it is reasonably designed to repair the harm caused by the offense. COMMUNITY SERVICES, OFFICE OF The Office of Community Services (OCS) was established within the DEPARTMENT OF HEALTH AND HUMAN SERVICES (HUD) by section 676 of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 516; 42 U.S.C. 9905). Its mission, as stated on its website, is to “work in partnership with states, communities, and other agencies to provide a range of human and economic development services and activities which ameliorate the causes and characteristics of poverty and otherwise assist persons in need.” The goals of OCS services and programs are to help individuals and families become self- sufficient and to revitalize communities throughout the United States. The OCS administers the Community Services block grant and discretionary grant programs established by section 672 (95 Stat. 511; 42 U.S.C. 9901) and 681 (95 Stat. 518; 42 U.S.C. 9910) of the Reconciliation Act. The office awards approximately $3 billion in block grants and approximately $77 million in discretionary grants. It also provides grant money and technical assistance to the over three thousand Community Action Agencies and the Community Development Corpora- tions that are locally based throughout the United States. The Office of Community Services manages the Social Services Block Grant and Community Services Block Grant programs. Discretionary grant programs funded by the office include the Assets for Independence program, the Low Income Home Energy Assistance program, the Rural Community Facilities program, the Com- munity Economic Development program, the Job Opportunities for Low Income Individuals Program, the Compassion Capital Fund, and the Strengthening Communities Fund created under the American Recovery and Reinvest- ment Act of 2009. Discretionary grants are awarded under a competitive process. FURTHER READINGS Office of Community Services Website. Available online at http://www.acf.hhs.gov/programs/ocs/ (accessed September 22, 2009). CROSS REFERENCE President of the United States. COMMUTATION Modification, exchange, or substitution. Commutation is the replacement of a greater am ount by something lesser. To com- mute periodic payments means to substitute a single payment for a number of payments, or to come to a “lump sum” settlement. In CRIMINAL LAW, commutation is the substi- tution of a lesser punishment for a greater one. Contrasted with CLEMENCY, which is an act of grace eliminating a sentence or punishmen t, commutation is the modification or reduction of a punishment. The change from consecutive prison sentences to concurrent sentences is a commutation of punishment. COMPACT An agreemen t, treaty, or contract. The term compact is most often applied to agreements among states or between nations on matters in which they have a common concern. The Constitution contains the COMPACT CLAUSE, which prohibits one state from entering into a compact with another state without the consent of Congress. COMPACT CLAUSE A provision contained in Article I, Section 10, Clause 3, of the U.S. Constitution, which states, “No State shall, without the consent of Congress … enter into any Agreement or Compact with another State.” Intended to curtail the increase of GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 52 COMMUNITY SERVICE political power in the individual states that might interfere with the supremacy of the federal government or impose an unconstitutional burden on interstate commerce in violation of the Commerce Clause. COMPANY An organization of individuals conducting a commercial or industrial enterprise. A corpora- tion, partnership, association, or joint stock company. COMPARABLE WORTH Comparable worth is the idea that men and women should receive equal pay when they perform work that involves comparable skills and responsibility or that is of comparable worth to the employer; the concept is also known as pay equity. Many jobs are segregated by sex. For example, approximately 80 percent of all office secretaries are female, and approximately 99 percent of all construction workers are male. Both jobs demand valuable, if different, skills. However, the annual income of a secretary is only three-fifths that of a construction worker. COMPARABLE WORTH seeks to remedy this and other sex-based wage inequities by identifying and eliminating sex as an element in wage setting. The term comparable worth describes the notion that sex-segregated jobs should be reanalyzed to determine their worth to an employer. In practice, comparable worth co n- sists of raising wages for traditionally female- dominated jobs to the level of those for comparable male-dominated jobs. Comparable worth should not be confused with equal pay for equal work. Rather, comparable worth policies promote equal pay for comparable work. Proponents of comparable worth argue that SEX DISCRIMINATION in wage setting has been built into society and has tainted the law of supply and demand. Women have endured centuries of devaluation, and the devaluation is reflected in the value attached to work traditionally per- formed by females. According to supporters, wages should be reset after comprehensive studies are made and statistical analyses under- taken to better reflect the true value produced by an employee. Some critics of comparable worth maintain that wage fairness is achieved by allowing free- market forces to set the value of jobs. They argue that employers, not the courts or legislatures, should set wages and that sufficient legislation is already in place to prevent discrimination based on sex. They further argue that wage disparities are largely a result of innocent forces, such as differences in experi- ence and education, the tendency of women to make educational choices that do not interfere with childbearing and child rearing, and the tendency of women to leave and reenter the job market more frequently than men. Other critics of comparable worth, includ- ing some women’s rights advocates, argue that comparable worth efforts are well-intentioned but misplaced. According to these opponents, the best way for women to win wage equality is to integrate fully into all sectors of the economy. Comparable worth may work to the immediate benefit of those in traditionally female- identified jobs, critics contend, but it fails to promote long-term advan cement for women. Generally, employees in a wage system based on comparable worth are paid according to job evaluations that concentrate on the differences between sex-segregated jobs. The job evaluations are conducted by vocational experts who examine the various characteristics of each job in the system, including the skill, education, and effort required; the level of independent decision making required; the During World War II, many women took jobs in what had traditionally been male fields of work. Ten years after the war ended, the Census Bureau released figures showing that women earned only 64 percent of what men earned. FDR LIBRARY GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION COMPARABLE WORTH 53 working conditions; and accountability. The job evaluations yield a point total for each job, which is used to determine employee compensation. In 1955 the U.S. Census Bureau published, for the first time, the ratio of women’stomen’s full-time, year-round, median annual earnings. The figures revealed that women were earning 64 percent of what men were earning. This imbalance persisted. In 1960 women aged 25 to 34 earned 65 percent of what men in the same age group earned. In 1980 the same women, now aged 45 to 54, were earning only 54 percent as much as men in the same age group. Census figures for 1980 also disclosed that full-time, year-round female professionals were earning less than semiskilled male blue-collar workers, and female college graduates were earning less than male high school graduates who had not attended college. Women’s pay became a national issue after the enormous contribution of women to the workforce in WORLD WAR II, and a simmering controversy shortly after the 1955 census report. The U.S. Congress took action by passing the EQUAL PAY ACT OF 1963 (29 U.S.C.A. § 206[d]) (EPA). The EPA mandates the same pay for all persons who do the same work, without regard to sex. This means that an employer may not discriminate between employees on the basis of sex by paying lower wages to women who perform the same work as men. In 1964 Congress enacted Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e-2[a]), which provides that employers may not discriminate in emplo yment practices on the basis of race, color, RELIGION, nation al origin, or sex. Like the EPA, Title VII prohibits employers from discriminating against women by paying them less than they pay males who perform the same work. Women’s rights advocates and LABOR UNION leaders were inspired by these bold federal acts and sought to implement them. In the fight against sex-based wage discrimination, women began to demand not only equal pay for equal work, but also equal pay for comparable work. States, cities, and towns began experimenting with the idea of wage restructuring based on comparable wo rth studies. I n 1977, with the support of ELEANOR HOLMES NORTON (D-D.C.), then chair of t he EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC), comparable worth came to national attention. Women’srightsadvocates adopted the slogan Fifty-nine Cents, which represented, according to Judy Goldsmith, past president of the NATIONAL ORGANIZATION FOR WOMEN (NOW), “the plain frightening fact that most women are paid just over half as much as men for the very same work.” The comparable worth movement grew, but not without opposi- tion. In 1985 President RONALD REAGAN described comparable worth as a “cockamamie idea.” The state of Washington was at the forefront of the comparable worth movement. In 1974 Washington began a study of sex-related differences for a selected group of sex-segregated positions in the state CIVIL SERVICE. The study SOURCE: U.S. Census Bureau, “Historical Income Tables,” available online at http://www.census.gov/hhes/www/income/histinc/incpertoc.html (accessed on Au g ust 14, 2009). Median Income of Full-Time, Year-Round Workers, by Gender, 1970 to 2007 Median income Year $0 $5,000 1970 1980 1990 $9,814 $5,440 $28,979 $20,591 $38,891 $29,123 $46,224 $36,167 $11,591 $19,173 2000 2007 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 Men Women ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 54 COMPARABLE WORTH revealed that female employees in job classes requiring the same level of skill, effort, and responsibility earned 25 to 35 percent less than employees in comparable male-dominated posi- tions. Despite these figures, the state legislature declined to implement comparable worth laws. Two more studies were conducted, in 1976 and 1980, and both corroborated the findings of the first study. The Washington Legislature continued to reject comparable worth. In 1981 the EEOC refused to take action on charges filed with it against the state of Washington by the American Federation of State, County, and Municipal Employees (AFSCME) and the Washington Federation of State Employees (WFSE). On July 20, 1982, AFSCME and WFSE filed a CLASS ACTION suit against the state (AFSCME). The case was initiated by eight women and one man on behalf of all the male and female employees under the jurisdiction of the Washington Department of Personnel and the Washington Higher Educatio n Personnel Board, who had worked or were working in positions that were 70 percent or more female. The government employees alleged that the state had discrimi- nated against employees in female-dominated jobs by paying them lower wages than employ- ees in comparable male-dominated jobs. This, according to the state employees, violated Title VII of the Civil Rights Act of 1964. The district court for the Western District of Washington agreed and awarded $400 million in back pay to female state employees. The state of Washington appealed, and the U.S. Court of Appeals for the Ninth Circuit overturned the award (AFSCME (770 F.2d 1401 [1985]). In its opinion, the Ninth CIRCUIT COURT declared that an employer may set wage s according to the prevailing market rate even if that market discriminates against women. According to the court, the value of a particular job is only one of several elements that influence the wages that the job commands. Another element, noted the court, is job availability. The court further recognized that the state in this case did not itself create any economic disparity. Although the state was free to institute a comparable worth policy, it could not be obliged “to eliminate an economic inequality that it did not create.” Ultimately, the court held that, absent a discriminatory motive, it would not interfere with the state’s decision to base wages on prevailing market standard s. After the appeals court decision, AFSCME, WFSE, and the State of Washington negotiated a comparable worth framework for state employees. The framework was based on the state’s plan, which called for a gradual move to restructure its employees’ wages on the basis of comparable worth. Washington now maintains a comparable worth statute, Revised Code of Washington, section 41.06.155, which mandates the achievement of comparable worth for all state government employees. San Jose, California, was another early battleground for comparab le worth proponents. In 1979, city government workers went on strike to protest wage disparities. After a nine- day strike, the city agreed to provide pay EQUITY adjustments and other salary adjustments to city workers. In 1983 and 1990 additional compa- rable worth adjustments were gained by the San Jose chapter of AFSCME. Comparable worth has been won in numer- ous quarters through COLLECTIVE BARGAINING. Montgomery County, Maryland, workers nego- tiated pay equity increases in 1989, and in 1992, Montgomery County school employees received $484,000 in pay equity increases. In 1991 the Utility Workers of America negotiated a 15 percent pay equity increase for clerical workers in the Southern California Gas Company. In 1991 and 1992 clerical workers represented by the United Auto Workers (UAW) went on strike at Columbia University in New York. After a ten-month strike, an agreement was reached that included pay equity increases for both male and female workers. Many courts are unwilling to order employ- ers to enact comparable worth pay standards in the absence of legislation. Thus, comparable worth advocates have turned to the legislative process. Minnesota has been an enduring model for achieving comparable worth through legis- lation. In 1979 the Minnesota Department of Finance completed a study that included an evaluation of state and local government jobs. In 1981 the Council on the Economic Status of Women established the Task Force on Pay Equity to examine salary differences between comparable male and female jobs in state government. The task force report showed consistent inequities between comparable male- and female-dominated jobs, and the Minnesota state legislature passed the State Government Pay Equity Act in 1982 (1982 Minn. Laws c. 64, § 1 et seq.). In 1983 the legislature provided the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPARABLE WORTH 55 funds for pay increases, and the Minnesota Department of Employee Relations (DOER) negotiated new contracts for state employees. These contracts included pay equity increases for underpaid female-dominated job classes and cost-of-living increases for all job classes. In 1984 the Minnesota state leg islature enacted the Local Government Pay Equity Act (Minn. Stat. Ann. §§ 471.991 et seq.), which mandated a comparabl e worth program for cities, counties, school districts, and other units of local government. In 1987 and 1988 the legislature passed laws that assessed fines for local government units that did not report according to provisions of the Local Govern- ment Pay Equity Act. In 1996 a DOER report revealed that 92 percent of local government units in Minnesota had achieved pay equity. Those not in compliance with reporting requirements were subject to penalties of up to 5 percent of state funding, or $100 per day. Pay equity is a growing movement that builds on progress made in the 1980s. During that time, 20 states adjusted their payrolls to ameliorate sex or race inequities; seven of these states fully implemented broad-based compara- ble worth laws for their state government employees. States continue to lead in the area of pay equity. For example, New Hampshire has established reporting requirements and enforce- ment procedures to ensure fair pay; Vermont, West Virginia, and Wyoming have passed legislation requiring studies in comparable worth; and Maine’s DEPARTMENT OF LABOR assists in enforcing existing pay equity laws in the state. In the early twenty-first century, compara- ble worth legislation was introduced in over half the state legislatures. On the federal level, two newer pieces of legislation were introduced in 2003, neither of which had been enacted by 2009. The Fair Pay Act seeks to broaden the Equal Pay Act protections against wage discrim- ination to workers in equivalent jobs with similar skills and responsibilities, even if the jobs are not identical. The Paycheck Fairness Act is an attemp t to provide better remedies to workers who are not being paid equal wages for doing equal work. Passage of the Paycheck Fairness Act would amend the Equal Pay Act and the Civil Rights Act of 1964. FURTHER READINGS Department of Labor, Bureau of Statistics. 2002. Highlights of Women’s Earnings in 2001. (Report 960) Available online at www.bls.gov/cps/cpswom2001.pdf (accessed March 5, 2010) National Committee on Pay Equity. Available online at www.feminist.com/fairpay/index.htm (accessed March 5, 2010). CROSS REFERENCES Affirmative Action; Employment Law COMPARATIVE RECTITUDE The principle by which a divorce is awarded to the party whose fault is less serious in cases where both spouses allege grounds that would justify a divorce. The idea of fault in DIVORCE actions stemmed from the idea that a MARRIAGE remained alive until one partner’s guilt destroyed it. This gave rise to problems such as people lying in court to obtain a divorce when both parties mutually wanted to end the marriage. When a divorce based upon COMPARATIVE RECTITUDE occurs, the spouse with less fault might acquire rights denied to the other spouse, such as the right to remarry. A divorce of this type, also called a least-fault divorce, is rarely granted. This is due to the increasing number of states that have adopted no-fault divorce laws, eliminating fault as a ground for divorce. COMPELLING STATE INTEREST See STRICT SCRUTINY. COMPENSATION A pecuniary remedy that is awarded to an individual who has sustained an injury in order to replace the loss caused by said injury, such as workers’ compensation. Wages paid to an em- ployee or, generally, fees, salaries, or allowances. The payment a landowner is given to make up for the injury suffered as a result of the seizure when his or her land is taken by the government through eminent domain. COMPENSATORY DAMAGES A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. Compensatory damages provide a PLAINTIFF with the monetary amount necessary to replace what was lost, and nothing more. They differ from PUNITIVE DAMAGES, which punish a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 56 COMPARATIVE RECTITUDE DEFENDANT for his or her conduct as a deterre nt to the future commission of such acts. In order to be awarded compensatory damages, the plaintiff must prove that he or she has suffered a legally recognizable harm that is compensable by a certain amount of money that can be objectively determined by a judge or jury. One of the more heated issues facing the U.S. legal system during the past quarter century has been the call for reform of states’ tort laws. Health care providers and other organizations have sought to limit the amount of damages a plaintiff can receive for pain and suffering because they claim that large jury awards in MEDICAL MALPRACTICE cases cause premiums on medical insurance policies to rise, thus raising the overall costs of medical services. California took the lead in addressing concerns with rising medical costs when it enacted the Medical Injury Compensation Reform Act, Cal. Civ. Code § 3333.2 (1997). The act limits the recoverable amount for non-economic loss, such as pain and suffering, to $250,000 in actions based on professional NEGLIGENCE against certain health care providers. Although the statute has been the subject of numerous court challenges, it remains the primary example of a state’s eff orts to curb medical costs through tort reform. Other states have sought to follow Califor- nia’s lead, though efforts to limit compensatory damages have met with considerable resistance. Opponents claim that because these limitations greatly restrict the ability of juries and courts to analyze the true damage that plaintiffs have suffered, defendants avoid paying an amount equal to the harm inflicted upon the plaintiffs. Medical organizations, such as the AMERICAN MEDICAL ASSOCIATION , continue to advocate for limitations on damages, however, and they have sought to encourage state legislatures to enact such provisions. CROSS REFERENCE Damages. COMPETENT Possessing the necessary reasoning abilities or legal qualifications; qualified; capable; sufficient. A court is competent if it has been given jurisdiction, by statute or constitution, to hear particular types of lawsuits. A testator is competent to make a will if he or she understands what a will is and its effects, the nature and extent of the property involved, and the relationships with the people named in the will and those disinherited. COMPETENT EVIDENCE Information that proves a point at issue in a lawsuit. Competent evidence is admissible evidence in contrast to incompetent or INADMISSIBLE evidence. CROSS REFERENCE Evidence. COMPLAINANT A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation and which results in the criminal prosecution of the suspect. Once the suspect is indicted, the state becomes the complainant since the alleged wrong is considered a crime against the state. COMPLAINT The pleading that initiates a civil action; in criminal law , the document that sets forth the basis upon which a person is to be charged with an offense. Civil Complaint A civil complaint initiates a civil lawsuit by setting forth for the court a CLAIM FOR RELIEF from damages caused, or wrongful conduct engaged in, by the DEFENDANT. The complaint outlines all of the plaintiff’s theories of relief, or causes of action (e.g., NEGLIGENCE, BATTERY, ASSAULT), and the facts supporting each CAUSE OF ACTION . The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of CIVIL PROCEDURE govern con- struction of complaints filed in federal courts. Many state courts follow the same rules as the federal courts, or similar rules. The caption opens the complaint and identifies the location of the action, the court, the docket or file number, and the title of the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPLAINT 57 . income Year $0 $5,000 1970 1980 1990 $9,814 $5,440 $28,979 $20,591 $38 ,891 $29,1 23 $46,224 $36 ,167 $11,591 $19,1 73 2000 2007 $10,000 $15,000 $20,000 $25,000 $30 ,000 $35 ,000 $40,000 $45,000 $50,000 Men Women ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD. GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION COMMUNITY PROPERTY 51 one-half of the marital property is inheritable because. Minn. Laws c. 64, § 1 et seq.). In 19 83 the legislature provided the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPARABLE WORTH 55 funds for pay increases, and the Minnesota Department of