The Supreme Court today struck down a massive class action lawsuit by women throughout the Country who were claiming discrimination in wages and promotion opportunities based upon their gender.
The Majority Opinion, written by Antoin Scalia and supported by Justices Thomas, Roberts, Alito, and Kennedy, claims that the lower court classification of the female employees as a discriminated against class was not legally viable under prior precedent. The women therefore can continue to press forward in their individual cases, at their own expense, but will not be eligible for a class action settlement.
That these women received less pay and a lack of promotion opportunities, under the unofficial policies of local management, when compared to men in the same jobs with less senority and lower performance ratings, is not statistically in question. And yet, with the fig leaf of an 'official' corporate non-discrimination policy, Walmart was able to escape liability in the class action venue of legal pursuit by the highest court in the land.
This will allow Walmart to avoid a mass settlement and use divide and conquer tactics to deal with each offended party individually, putting a greater burden and cost on these working class ladies to pursue their own suits agaisnt the corporate giant.
This is a big win for corporate interests, and gives credance to Robert Kennedy Junior's recent claims that this current Supreme Court favors Big Corporations First, Big Government next, and puts the rights and recourse of everyday people last.
Showing posts with label Legal Matters. Show all posts
Showing posts with label Legal Matters. Show all posts
Monday, June 20, 2011
Tuesday, May 31, 2011
RIP Atlanta Thrashers 1999-2011
We were holding out hope for a struggling American Hockey Market with a piss poor ownership situation, having lived through such times ourselves. But it is now official; the Atlanta Thrashers will be bought by True North Sports and Entertainment with the intention of relocating the Franchise to Winnipeg.
A press conference has been schedule for 11:00 AM today (Winnipeg Time), and reports are that Gary Bettman is flying out to Winnipeg for the announcement. Something tells me he wouldn’t be going out to the prairies of Central Canada on the precipice of the Stanley Cup finals for a social engagement.
The league owners will have to vote on June 21st to confirm the purchase by True North and approve the move, but that is just a formality at this point. My regards to the true Atlanta Hockey fans and congratulations to the folks in Winnipeg. Check this out for my take on what division realignment may look like.
A press conference has been schedule for 11:00 AM today (Winnipeg Time), and reports are that Gary Bettman is flying out to Winnipeg for the announcement. Something tells me he wouldn’t be going out to the prairies of Central Canada on the precipice of the Stanley Cup finals for a social engagement.
The league owners will have to vote on June 21st to confirm the purchase by True North and approve the move, but that is just a formality at this point. My regards to the true Atlanta Hockey fans and congratulations to the folks in Winnipeg. Check this out for my take on what division realignment may look like.
Tuesday, May 24, 2011
No Debate on PATRIOT ACT in Senate
The US Senate did something it rarely does today. Both parties agreed to swiftly end debate and bring a bill up for a yes/no vote without getting wrapped up in deliberation and amendments. Cloture was brought to end debate on a bill to extend provisions of the USA PATRIOT Act (including the portion that authorizes roaming wiretaps) that were set to expire if no action was taken by Friday.
In a 74-8 vote; with 18 being too afraid, lazy, or corrupt to participate, a bipartisan supermajority with the support of leadership in both parties voted to extend the all out assault on privacy and civil liberties that has been going on in this Country for nearly a decade.
I would like to take the time to personally extend my thanks and gratitude to the 8 brave Senators who stood up to power and party in boldly voting no, the rest of the lot today acted like traitors and cowards.
The 8 NO Votes:
Max Baucus and Jon Tester of Montana
Rand Paul of Kentucky
Mark Begich and Lisa Murkowski of Alaska
Dean Heller of Nevada
Jeff Merkley of Oregon
Bernie Sanders of Vermont
These men and women, 4 Democrats, 3 Republicans, and 1 Socialist deserve our support and admiration. And of course we must also take the time to remember former Senator Russ Feingold of Wisconsin, who voted against the original heinous bill and no doubt would have once again authentically stood up for liberty if he hadn’t been so unfairly smeared and steamrolled out of the Senate in the 2010 Wave.
In a 74-8 vote; with 18 being too afraid, lazy, or corrupt to participate, a bipartisan supermajority with the support of leadership in both parties voted to extend the all out assault on privacy and civil liberties that has been going on in this Country for nearly a decade.
I would like to take the time to personally extend my thanks and gratitude to the 8 brave Senators who stood up to power and party in boldly voting no, the rest of the lot today acted like traitors and cowards.
The 8 NO Votes:
Max Baucus and Jon Tester of Montana
Rand Paul of Kentucky
Mark Begich and Lisa Murkowski of Alaska
Dean Heller of Nevada
Jeff Merkley of Oregon
Bernie Sanders of Vermont
These men and women, 4 Democrats, 3 Republicans, and 1 Socialist deserve our support and admiration. And of course we must also take the time to remember former Senator Russ Feingold of Wisconsin, who voted against the original heinous bill and no doubt would have once again authentically stood up for liberty if he hadn’t been so unfairly smeared and steamrolled out of the Senate in the 2010 Wave.
Monday, May 23, 2011
Down With the Sickness
Anti-American sentiment is not a fictional occurrence. Many people in many nations throughout the world harbor ill-will towards the United States and it's citizens for any number of reasons. Last week, Dominique Strauss Kahn (DSK), a French politician and Director of the IMF was arrested in New York City on sexual assault allegations. The crime that is being attributed to DSK is one of a disgusting, humiliating, and degrading nature. This is also not his first time being accused of such a heinous crime, however guilt is hard to pin in he-said, she-said occurrences and that goes for both accuser and the accused. According the BBC and some French media outlets, the US media is the entity being put on trial, though. Apparently, the photos of Kahn's arrest do not sit well with the French and their Anti-American sentiments are awakening from a brief hibernation. They do not like photographing people who still await trial. They deem it to be brutal and inhumane.They have no problem photographing people who are famous, engaging them in a high speed car chase, putting them in extreme peril, and ultimately causing their death. But taking a picture of an alleged criminal after his booking before his official trial is taboo.
I don't know if it is merely their hate for all things American or the fact that sexual assault is merely a seduction tactic in France, but I think the Frenchmen denouncing the US media's tactics should take a look at their own pot before calling our kettle black. I will never deny that the American media is lacking in more ways than one. However, the overseas reaction to the DSK arrest seems to be spawned more from a sick sense of Nationalistic pride from a spineless nation of whiners who never hesitate to come knocking when their soil is endangered. America is not a perfect nation, not by the wildest stretch of the imagination, any American will tell you there are things they don't like about our fair nation. But hating just to hate is a whole other story.
The French are so quick to criticize every move made by the Americans because they have a preconceived notion that they are better than everyone else. Ironically, citizens of many other nations would say the same thing about Americans and wouldn't be too far off base. Nationalistic pride is nothing to be ashamed of. But when the line is blurred between right and wrong, when people are taking sides blindly based on your passport's origin, it may be time to take a step back and look at the facts.
In America, they say you are innocent until proven guilty. Most people know that the trial in the court of public opinion has it's verdict decided long before a prosecutor presents their opening arguments. The Italian media did it to Amanda Knox. The American media has done it to our own citizens countless times. Nobody is innocent of a little bit of dirty journalism thus nobody is fit to point their finger at somebody else for doing the same. Maybe it's the cultural differences, maybe the US and France will never see eye to eye. Everybody has their day in court and DSK will get his, too. The outcome of his trial should be an interesting one since he was believed by many to be a favorite in France's 2012 Presidential election and has already resigned his post as head of the IMF.
I will leave you with this: Imagine an American politician being accused of sexually assaulting a woman in France. Would the French media be as kind as they suggest?
I don't know if it is merely their hate for all things American or the fact that sexual assault is merely a seduction tactic in France, but I think the Frenchmen denouncing the US media's tactics should take a look at their own pot before calling our kettle black. I will never deny that the American media is lacking in more ways than one. However, the overseas reaction to the DSK arrest seems to be spawned more from a sick sense of Nationalistic pride from a spineless nation of whiners who never hesitate to come knocking when their soil is endangered. America is not a perfect nation, not by the wildest stretch of the imagination, any American will tell you there are things they don't like about our fair nation. But hating just to hate is a whole other story.
The French are so quick to criticize every move made by the Americans because they have a preconceived notion that they are better than everyone else. Ironically, citizens of many other nations would say the same thing about Americans and wouldn't be too far off base. Nationalistic pride is nothing to be ashamed of. But when the line is blurred between right and wrong, when people are taking sides blindly based on your passport's origin, it may be time to take a step back and look at the facts.
In America, they say you are innocent until proven guilty. Most people know that the trial in the court of public opinion has it's verdict decided long before a prosecutor presents their opening arguments. The Italian media did it to Amanda Knox. The American media has done it to our own citizens countless times. Nobody is innocent of a little bit of dirty journalism thus nobody is fit to point their finger at somebody else for doing the same. Maybe it's the cultural differences, maybe the US and France will never see eye to eye. Everybody has their day in court and DSK will get his, too. The outcome of his trial should be an interesting one since he was believed by many to be a favorite in France's 2012 Presidential election and has already resigned his post as head of the IMF.
I will leave you with this: Imagine an American politician being accused of sexually assaulting a woman in France. Would the French media be as kind as they suggest?
Friday, May 20, 2011
Deal to Extend PATRIOT Act in Place
A deal is supposedly in place between John Boehner in the House and Harry Reid and Mitch McConnell in the Senate to extend the provisions of the USA PATRIOT Act that allow for roving wiretaps, document seizures, and roaming surveillance of the American Public for another 4 years.
The Obama Administration has continued to ask for extension of the extraordinary powers that the Bush Administration got rammed through congress in the aftermath of the 9/11 terror attacks on the United States.
Attorney General Eric Holder is actually on record as wanting to see these provisions become permanent: "We believe, I believe, it is absolutely essential that these expiring provisions be reauthorized. We never want to see these acts, these provisions, expire. The fact that they have sunset, period, and requiring us to come back periodically to get them reauthorized, is not helpful to us ... We need certainty. Our prosecutors, our investigators, need certainty in that regard ... So my hope is that these provisions are reauthorized for as long as we possibly can. If they were extended permanently, that is not something we would be opposed to."
If any Tea Party folks are out there reading this, please explain to me why this is overlooked as an acceptable intrusion into Liberty in the name of Security, but the Democratic Healthcare Bill is such a fundamental threat to your Freedom as an American that you need to take such drastic action?
I've read both bills all the way through, I can tell you that 'Obamacare' is not 1/100th times as onerous to me as the PATRIOT Act.
And for you folks on the Left: why was it only an intrusion on your privacy when it was the Bush Administration peeking in on your library records, but Obama gets a near universal pass for refusing to relinquish the same powers of surveillance?
There is almost total silence on this issue from both sides of the political noise factory. Why is this issue not at debate in a time when nearly all else is?
The Obama Administration has continued to ask for extension of the extraordinary powers that the Bush Administration got rammed through congress in the aftermath of the 9/11 terror attacks on the United States.
Attorney General Eric Holder is actually on record as wanting to see these provisions become permanent: "We believe, I believe, it is absolutely essential that these expiring provisions be reauthorized. We never want to see these acts, these provisions, expire. The fact that they have sunset, period, and requiring us to come back periodically to get them reauthorized, is not helpful to us ... We need certainty. Our prosecutors, our investigators, need certainty in that regard ... So my hope is that these provisions are reauthorized for as long as we possibly can. If they were extended permanently, that is not something we would be opposed to."
If any Tea Party folks are out there reading this, please explain to me why this is overlooked as an acceptable intrusion into Liberty in the name of Security, but the Democratic Healthcare Bill is such a fundamental threat to your Freedom as an American that you need to take such drastic action?
I've read both bills all the way through, I can tell you that 'Obamacare' is not 1/100th times as onerous to me as the PATRIOT Act.
And for you folks on the Left: why was it only an intrusion on your privacy when it was the Bush Administration peeking in on your library records, but Obama gets a near universal pass for refusing to relinquish the same powers of surveillance?
There is almost total silence on this issue from both sides of the political noise factory. Why is this issue not at debate in a time when nearly all else is?
Saturday, February 26, 2011
The Supreme Court of the United States (Part 2)
If you look back at part 1 of this series on The Court, all I put up at first was article III of the U.S. Constitution. I did that because those few paragraphs set up the framework for the entire Federal Judicial system. If you look back on that rather brief and unassuming section of our country's founding document, you will notice that it is quite remarkable for what is missing from its instructions, as it is for what it lays out. There is no mention of the number of Justices that are to sit on the Court or what their qualifications are to be, nothing about how many cases they are to take on or how they are to come to their decisions. Most striking by its absence however is explicit authority for what has come to be known as THE most important function of the Court: its jurisdiction to review laws and determine whether they are or are not within the bounds of the Constitution.
This act of Judicial Review is absolutely vital to our concept of a system of "checks and balances" upon our Federal Government. And although it is implied and interpreted from the Supremacy clause in Article IV, it is not an explicit power granted unto the Court in Article III. Why is this seemingly crucial doctrine not included within the bedrock of the Federal Courts? The answer, I believe, lies within chasm that seperates our idealized national narrative of how our Country was formed and the practical realities and constraints of the "living and breathing" times that those who laid down the foundations for our Nation lived within.
There is a deep rooted mythology within the American pysche in regards to our Founding Fathers. They are our secular saints; a group of rag-tag rightously pious patriots who, uniquely in the annals of history, cast off the iron clad shackles of tyranny and unbearably cruel and intolerable oppression; to immediatley grant unto their Continent, and the World at large, a fully functional and perfected Union, that would unquestionably become the Shining Beacon on the Hill and lead the world into a new age of peace and prosperity. What is amazing is that worship and deitization of these founders, rather then being marginalized and reduced over the years, only seems to grow more polished and refined within each passing generation. It would be a grave misstatement to say that Americans do not know Their history. The emphasis must be placed however must be placed on the Their, not the 'history.' As explained in James Loewon's groundbreaking book "Lies My Teacher Told Me," the American history that is disseminated through our textbooks and schools is a white-washed melodrama of enduring progress meant to indoctrinate this secular mythology, not to raise levels of critical thinking or encourage civic engagement.
How does this mass misreading of history affect our concept of Judicial Review? It is because the Founding Fathers were not a monolithic rightous entity that this radical concept was not included directly within our Constitution. Although 5 of the 13 States had some form of Judicial Review or Veto within their State Constitutions in 1787, this was still a controversial idea at the time. It was not included for reasons having to do with political compromise of the times to ensure that all States ratified the novel Federal document. So we can see that even at the very foundations of our country's laws, there is an element of give and take between individual liberty, States rights, and Federal Powers.
Stay tuned for my next Supreme Court entry where I explore the way the Court obtained the power of review and its use of such power in the absolute worst decision in its History.
This act of Judicial Review is absolutely vital to our concept of a system of "checks and balances" upon our Federal Government. And although it is implied and interpreted from the Supremacy clause in Article IV, it is not an explicit power granted unto the Court in Article III. Why is this seemingly crucial doctrine not included within the bedrock of the Federal Courts? The answer, I believe, lies within chasm that seperates our idealized national narrative of how our Country was formed and the practical realities and constraints of the "living and breathing" times that those who laid down the foundations for our Nation lived within.
There is a deep rooted mythology within the American pysche in regards to our Founding Fathers. They are our secular saints; a group of rag-tag rightously pious patriots who, uniquely in the annals of history, cast off the iron clad shackles of tyranny and unbearably cruel and intolerable oppression; to immediatley grant unto their Continent, and the World at large, a fully functional and perfected Union, that would unquestionably become the Shining Beacon on the Hill and lead the world into a new age of peace and prosperity. What is amazing is that worship and deitization of these founders, rather then being marginalized and reduced over the years, only seems to grow more polished and refined within each passing generation. It would be a grave misstatement to say that Americans do not know Their history. The emphasis must be placed however must be placed on the Their, not the 'history.' As explained in James Loewon's groundbreaking book "Lies My Teacher Told Me," the American history that is disseminated through our textbooks and schools is a white-washed melodrama of enduring progress meant to indoctrinate this secular mythology, not to raise levels of critical thinking or encourage civic engagement.
How does this mass misreading of history affect our concept of Judicial Review? It is because the Founding Fathers were not a monolithic rightous entity that this radical concept was not included directly within our Constitution. Although 5 of the 13 States had some form of Judicial Review or Veto within their State Constitutions in 1787, this was still a controversial idea at the time. It was not included for reasons having to do with political compromise of the times to ensure that all States ratified the novel Federal document. So we can see that even at the very foundations of our country's laws, there is an element of give and take between individual liberty, States rights, and Federal Powers.
Stay tuned for my next Supreme Court entry where I explore the way the Court obtained the power of review and its use of such power in the absolute worst decision in its History.
Wednesday, February 23, 2011
The Supreme Court of the United States (Part 1)
Article III of the United States constitution: Section 1. The judicial power of the United States shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behaviour, and shall, at stated Times, recieve for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority; to all Cases affecting Ambassadors, other public ministers and consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of the same State claiming land under grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be party, the Supreme Corut shall have original jurisdiction. In all other cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such exceptions, and under such Regulations, as the Congress shall make. The trial of all Crimes, except in the case of Impeachment, shall be by jury; and such trials shall be held in the State where the said Crimes shall have been committed; but when not committed in any State, the trial shall be at such Place or Places as Congress may by law have directed. Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their enemies, Giving them Aid and comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the Life of the Person attainted.
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