Anyone see "The Corporation"? The documentary that argued that the DSM-IV's Personality Diagnostic Checklist would diagnose a corporation as a sociopath due to its lack of honesty, regard for others or remorse?
@andBegorrah: I have it at home right now (Netflix). The biggest flaw (I think) is that the corporation is legally bound to do whatever it can to make money for the shareholders, morals or common decency be damned.
I am not an overly religious person, but I am praying for her to have the fortitude to keep fighting. She breaks my heart but has my immeasurable admiration for standing up to be heard.
This is where arbitration, originally meant to work for the little guy/customer/employee, goes really wrong. I campaign against forced arbitration regularly. It is the antithesis of what we believe to be justice. Arbitration was never meant to prevent the prosecution of criminal offenses.
This needs to be addressed Mr. President (you know, after you get to LGBT rights and the complete disclosure of US torture and all that other shit)
@Lymed: @schweppes: @scarletbegonia: I understand that she isn't suing to bring criminal charges. I was under the impression that because the Justice Department wouldn't investigate it (due to arbitration rules) that she was unable to press criminal charges and thus decided to press civil charges. Is this incorrect?
@scarletbegonia: She cannot "bring charges" against her co-workers. Only governments can do that. There's no indication that's she's suing her coworkers.
@Vivelafat says Sweep the leg, Johnny.: The justice department isn't investigating it because of arbitration rules. They're not investigating it because they're choosing not to, for whatever short-sighted ridiculous reason they might believe. She cannot sue the justice department civilly, her only recourse, for some sort of derivative liability theory because of an arbitration clause she is under. So she's suing the justice department to get the right to sue the justice department. All arbitration clauses have to have a carve out to bring suit specifically re: the arbitration clause.
@scarletbegonia: I understood that due to immunity rules criminal charges cannot be brought against the rapists and she wants to sue her employer. But she has to sue for the right to even do that.
@schweppes: So arbitration rules have nothing to do with why the Justice Department won't investigate it? We don't know why the Justice Department won't investigate it? Is that what you are saying?
@schweppes: This quote lead me to believe she couldn't file any charges:
Legal experts say Jones' alleged assailants will likely never face a judge and jury, due to an enormous loophole that has effectively left contractors in Iraq beyond the reach of United States law.
The loophole is a binding mandatory arbitration clause. Because Jones signed a contract which includes binding mandatory arbitration, she essentially signed away her legal rights to take her case to court.
It is not uncommon for employees to give up the right to sue employers as part of the employment contract. Most people don't realize they are giving up this right and, even if they do realize, most employers will just find another person to fill the position if a person demands the contract be changed.
Fucking Halliburton. Dick Cheney's evils know no bounds. Yes, I know he was not directly involved, but it seems that every thing he touches or has touched in the past turns into horrible, debauched piles of shit. These guys mauled her so badly her breasts are permanently disfigured. She shouldn't have to sue for the right to sue. She was disfigured and Halliburton is too evil to acknowledge that.
@Santos L Halper: he might not be directly involved, but he shares (and propagates) the same mindset that is emblematic of all that is wrong with these vulture-like tactics used protect the bottom line at any cost.
@Santos L Halper: The company is fucking evil. They have a suite in my office building and I swear to God, the only time I've ever seen anyone go into it was when the guy got off my elevator and PUT SUNGLASSES ON as he walked up to the door and typed in the code.
Haliburton had to spin off all of its projects to a new company, KBR, just so they wouldn't have to undergo as much scrutiny. So for anyone who is wondering, KBR is Haliburton now.
@morninggloria: I just heard about this yesterday, and am still a little confused. Does arbitration make it extremely difficult for the individual to win over the company? All I know is that it's private and rather secretive.
@morninggloria: Arbitration is a convenient way for a corporation to have it's cake and eat it, too. Frankly, I'm not sure what can ultimately be done about it, because Congress will never gut the arbitration system while they are accepting donations from corporate backers.
@scarletbegonia: If you go over to Consumerist and search for arbitration you will find a lot of good info on why it sucks balls. Most notably, the company picks the arbiter, arbiters that have a history of awarding the decision to the consumer/individual get blackballed by the companies so they don't get work and therefore don't make any money. As a result, arbiters are biased towards the companies to ensure continuing business with them.
@scarletbegonia: Arbitration does not follow the same rules of the courts and is not limited to provide the remedies available at law. It usually ends up in a compromise solution. A large corporation is going to have relationships with arbitrators because they have multiple arbitrations.
@NefariousNewt: America's courts aren't equipt to handle the volume of cases that would result from arbitration's abolishment, so it would have to be replaced by something. A transparent, neutral, public series of consumer courts? I don't know about the legal system to make a valid suggestion.
@morninggloria: In theory, though, arbitration SHOULD help the legal system work more efficiently. Trials are long and expensive. Arbitration is more economical for everyone involved (especially important for the individual who doesn't have the money for an expensive legal battle). There are RIDICULOUS flaws in the system - but that doesn't mean that "arbitration" is to blame, we just have to reform it.
@morninggloria: That won't happen. Companies will claim it's unfair, and Congress won't be able to agree on how much power it should have. They would no doubt riddle it with loopholes, caving in to their corporate masters.
@schweppes: I would blame a system of laws that increasingly favor the liberty of a corporation over the liberty of individuals. The bad state of today's arbitration is a result of an insufficient amount of protection for the worker and the consumer.
@morninggloria: The fact that corporations have been legally granted the rights and privileges of a person without any regard to the fact that, unlike a real person, who has morals and abides by social norms and all that silly stuff, they exist solely to consolidate wealth and accumulate power blows my fucking mind.
@schweppes: The problem isn't arbitration itself, it's MANDATORY BINDING arbitration. Normal arbitration is useful and often fair, but when it completely pre-empts the right of the individual (often, consumer) to get a trial is where the corruption comes in. And that *should* be a fairly easy thing to fix. I think there are a few cases making their way through the courts that would invalidate mandatory arbitration clauses in contracts.
This story turns my stomach. The fact that she can't even properly sue the company is a continuation of their disgusting treatment of her. That poor woman. She is incredibly tough to be taking up this fight in such a public way.
How often are there inter-office gang rapings here in the States? Why did this kind of stuff not happen in Serbia and Croatia under Clinton? It seems like the Iraq War was so raught with scandals and moral depavity, especially off the battlefield.
@Lymed: granted, but I don't recall any number of soldiers being electrocuted by faulty wiring, murdering innocents for no reason or for pleasure, or torture scandals at all.
@Dallifornia: That's because we didn't hear about it. A great book to read about what really went on-- and the horrible damage the nato bombings caused-- is Dervla Murphy's book about traveling through former Yugoslavia. I think it's called 'through the embers of chaos'. There are hundreds/thousands of stories about how horribly this affected everyone in the region and just how brutal it really was.
@margareita metermaid: But that's war, isn't it? I'm not talking about the war aspects, but their after effects and those on the sidelines, not those bombed. There are 2.5M Iraqi refugee CHILDREN right now, mostly orphans. If you want to include war, Iraqi casualties and horror stories top it, again.
@Dallifornia: That's what the book deals with specifically-- the after effects. How ruined the communities are still.
I'm sure in terms of mass numbers of victims, you are right-- I am not trying to make a 'which is worse' comparison. I was simply addressing the fact that there are/were thousands of people displaced, orphaned and destroyed in those countries as well, it was just swept under the rug much more than Iraq.
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This needs to be addressed Mr. President (you know, after you get to LGBT rights and the complete disclosure of US torture and all that other shit)
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Legal experts say Jones' alleged assailants will likely never face a judge and jury, due to an enormous loophole that has effectively left contractors in Iraq beyond the reach of United States law.
The loophole is a binding mandatory arbitration clause. Because Jones signed a contract which includes binding mandatory arbitration, she essentially signed away her legal rights to take her case to court.
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Haliburton had to spin off all of its projects to a new company, KBR, just so they wouldn't have to undergo as much scrutiny. So for anyone who is wondering, KBR is Haliburton now.
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The SEC. And we all know how great a job that regulating body has done in preventing misconduct in the financial sector.
Arbitration is an example of how laws have gradually moved toward favoring corporations over individuals. It's really disturbing.
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Why did this kind of stuff not happen in Serbia and Croatia under Clinton? It seems like the Iraq War was so raught with scandals and moral depavity, especially off the battlefield.
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I'm not talking about the war aspects, but their after effects and those on the sidelines, not those bombed. There are 2.5M Iraqi refugee CHILDREN right now, mostly orphans. If you want to include war, Iraqi casualties and horror stories top it, again.
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I'm sure in terms of mass numbers of victims, you are right-- I am not trying to make a 'which is worse' comparison. I was simply addressing the fact that there are/were thousands of people displaced, orphaned and destroyed in those countries as well, it was just swept under the rug much more than Iraq.
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