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New York, 4:01 AM
Thu Nov 26
64 posts in the last 24 hours
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11/20/09
11/20/09
1. These are cases that would be covered in civil court, therefore the parties can agree by contract to arbitrate instead of using the judicial system.
2. There's no criminal aspect that can be prosecuted by the US courts because these actions are taking place in foreign countries so there's no US jurisdiction and no military court jurisdiction (since these are contractors).
That's how I understand it.
11/20/09
11/20/09
11/20/09
Arbitration can be appealed to a proper court as well, but only for gross procedural errors.
*IANAL - but I asked a litigator friend about this who has very recent experience in arbitration, after decades in court. Also - I am not "pro-arbitration" - just kicking a little info out there.
11/20/09
11/20/09
11/20/09
Why do these things still suprise me?
11/20/09
10/22/09
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10/22/09
Again, if I understand the issue, the reason this is being passed is because the contract that Jamie Leigh Jones had signed made her agree to not sue the company if she was sexually harassed/assaulted, and instead go through arbitration. I assume if she did go to the courts, that counts as a breach of contract and results in whatever ramifications.
Calling it an anti-rape amendment makes it sound like it actively does something to protect employees from rape, or not hire convicted rapists, or something.
As far as I can tell, what it actually does is prevent employees from being forced to go through arbitration, and instead gives them the option to go to the courts and sue without penalty from the employer. My understanding was that this would have numerous applications, not just in rape cases. #frankenamendment
10/22/09
10/22/09
10/22/09
The "Anti-rape" (badly named) amendment would be too much for defense contractors to deal with? How about the women -their employees- they failed to protect? A reminder that you (and the other reps) work for the people of these United States NOT the defense contractors. And women are in the majority of the population. And we have LONG memories. I understand this is an amendment that old conservative men do not like. I do not care. And my name is legion. Lysistrata ring any bells? You and the other men ain't seen nothing yet if this doesn't get through. What happened to a twenty-year old woman who has NO recourse is deeply shameful and untenable. Remind the GOP whiners that they are going to be out of power for a VERY long time. We will see to it. #frankenamendment
10/23/09
10/23/09
10/22/09
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10/22/09
You wanna come see the inside of my shipping container? #frankenamendment
10/22/09
10/22/09
10/22/09
10/22/09
But no... I hate the people who voted against this. I hate people who believe that profit matters more than humans. I hate them. I used to be above hating people for believing in different things than I do -- but you know what? Some times are just hateful. And I get to hate them.
And guess what mom, I also hate raw onions, my sixth grade teacher, and the jerk who covered my desk in tampons when I was 11. #frankenamendment
10/22/09
And a democratic senator is going to aid and abet them by striking a passing amendment to a bill.
Stabby Thursday Indeed. #frankenamendment
10/22/09
All secondary to the human-being-type reactions to the amendment, of course, but still irks me. Freedom of contract: I do not think this concept means what you think it means. #frankenamendment
10/22/09