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Thread: Hot Coffee - Great HBO doc

  1. #21
    Quote Originally Posted by jikastew View Post
    Was the Yale Journal written by anyone who actually practices law? Supporting assertions works both ways.
    He did not have a job when the article is written. Hopefully he has one now as a baby lawyer. He graduated law school in 2012.
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  2. #22
    Quote Originally Posted by cm husker View Post
    Note by a student by the way.

    Brutally light on documentation for his assertions.
    But wait, cm, didn't you see that the "initial reports" (read: I couldn't find anything of actual substance) were "very troubling."
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  3. #23
    Quote Originally Posted by cactusboy View Post
    and there is another problem in that there is no way for the public to know the outcomes of these cases. If a biz/employer is found guilty of something the public should have the right to know about is so they can make an informed decision on doing business w/them or working for them. And people and groups can evaluate the decisions to see if they were fair which will hold the arbitrators at least somewhat accountable and hopefully more fair in their rulings.
    Really? Whenever the industry loses a securities arbitration, the result is splashed all over the newspapers and blogs. Once again, you are misinformed. In any event, in civil cases, companies are not found "guilty" of anything. "Guilt" is a concept that is relevant only to criminal law.
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  4. #24
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    It's like watching a lawful beating sometimes.

  5. #25
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    Quote Originally Posted by cm husker View Post
    Note by a student by the way.

    Brutally light on documentation for his assertions.
    Really? Some of the pages were mostly footnotes.
    "It is difficult to get a man to understand something when his job depends on not understanding it." - Upton Sinclair

    "The best thing to do is read widely and always skeptically. Remember that everyone, including me, has their opinions and their goals and you have to think them through for yourself." - Noam Chomsky

  6. #26
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    Quote Originally Posted by ChitownHusker View Post
    You mean the law student who wrote the article? Yes, that's what he said. When he gets his JD and begins practicing in the field for 16 years as I have, I'll certainly be happy to take his opinion seriously at that point.
    score 2 for ad hominem. Will there be a trifecta?
    "It is difficult to get a man to understand something when his job depends on not understanding it." - Upton Sinclair

    "The best thing to do is read widely and always skeptically. Remember that everyone, including me, has their opinions and their goals and you have to think them through for yourself." - Noam Chomsky

  7. #27
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    Quote Originally Posted by ChitownHusker View Post
    Really? Whenever the industry loses a securities arbitration, the result is splashed all over the newspapers and blogs. Once again, you are misinformed. In any event, in civil cases, companies are not found "guilty" of anything. "Guilt" is a concept that is relevant only to criminal law.
    are you again speaking only of how it's done in your line work? because you make it confusing to the reader w/ the spill over? and I'll suppose we'll have to take your word for it on how it's done in your field.
    "It is difficult to get a man to understand something when his job depends on not understanding it." - Upton Sinclair

    "The best thing to do is read widely and always skeptically. Remember that everyone, including me, has their opinions and their goals and you have to think them through for yourself." - Noam Chomsky

  8. #28
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    Quote Originally Posted by ChitownHusker View Post
    He did not have a job when the article is written. Hopefully he has one now as a baby lawyer. He graduated law school in 2012.
    I'm thinking this only counts as 2b for a.d.
    "It is difficult to get a man to understand something when his job depends on not understanding it." - Upton Sinclair

    "The best thing to do is read widely and always skeptically. Remember that everyone, including me, has their opinions and their goals and you have to think them through for yourself." - Noam Chomsky

  9. #29
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    (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power.

    (2) A series of United States Supreme Court decisions have changed the meaning of the Act so that it now extends to disputes between parties of greatly disparate economic power, such as consumer disputes and employment disputes. As a result, a large and rapidly growing number of corporations are requiring millions of consumers and employees to give up their right to have disputes resolved by a judge or jury, and instead submit their claims to binding arbitration.

    (4) Private arbitration companies are sometimes under great pressure to devise systems that favor the corporate repeat players who decide whether those companies will receive their lucrative business.

    (5) Mandatory arbitration undermines the development of public law for civil rights and consumer rights, because there is no meaningful judicial review of arbitrators’ decisions. With the knowledge that their rulings will not be seriously examined by a court applying current law, arbitrators enjoy near complete freedom to ignore the law and even their own rules.

    (7) Many corporations add to their arbitration clauses unfair provisions that deliberately tilt the systems against individuals, including provisions that strip individuals of substantive statutory rights, ban class actions, and force people to arbitrate their claims hundreds of miles from their homes. While some courts have been protective of individuals, too many courts have upheld even egregiously unfair mandatory arbitration clauses in deference to a supposed Federal policy favoring arbitration over the constitutional rights of individuals.

    http://www.opencongress.org/bill/111-h1020/text



    Move along....nothing to see here?
    "It is difficult to get a man to understand something when his job depends on not understanding it." - Upton Sinclair

    "The best thing to do is read widely and always skeptically. Remember that everyone, including me, has their opinions and their goals and you have to think them through for yourself." - Noam Chomsky

  10. #30
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    Quote Originally Posted by cactusboy View Post
    Really? Some of the pages were mostly footnotes.
    Yes, really. Look at what those footnotes actually support.
    "We need education in the obvious more than investigation of the obscure."

    "If you find yourself on the side of the majority, it's time to pause and reflect."

    “A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.”




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