Can someone explain to me why it seems [I admit I haven't read everything related to this] there is no CRIMINAL case?
She is only filing a civil case?
What about the people that raped her, and kept her in a container? What about that?
@veronykah: From what I have read, no prosecuting entity is willing and/or able to assert jurisdiction over the crime.
1) Not on US soil (Baghdad)
2) Not regular military (Haliburton contractors)
3) Special provisions in the contract that protects them from the reach of both the US Justice Dept. and local Iraqi law.
@Altaira: Wait, so I can do business with a foreign country and draft a CONTRACT that supersedes not only their laws but the laws of my own country?
How the F does that work?!
[www.jamiesfoundation.comHer] site - for messages or donations. I am so proud/happy etc that she's getting her day in court - not as happy as if she puts Halliburton out of business but a girl can dream.
Came in here to say - sorry for reposting her site. But not really if one more person sends her a "go girl."
She is amazing. There are so many other women who would have-rightfully-given up the fight by now. It seemed so hopeless for so long. I hope she sues them into bankruptcy.
Finally some good news on this case. As someone else stated, Jamie Leigh Jones is a fighter. Hope that fight inspires other women to come forward against Haliburton/KBR
just reading the front page of her foundation's website is at once infuriating and inspiring. she is working for justice and trying to right a wrong, as it were.
I love this woman. What a fighter. I donated to her charity [www.jamiesfoundation.com] because I was so impressed by her- she replied and thanked me personally, which she didn't need to do. The strength she has to do this... incredible.
Mandatory arbitration is the devil. I understand the original purpose was to help consumers, but the theory is flawed by virtue of the fact that arbitration firms don't work for free. Someone has to pay them and that negates their ability to be unbiased. I hope this judgment helps in some small way to bring about laws regulating arbitration.
@Vivelafat says Sweep the leg, Johnny.: Also, the people who pay them is the company, not the person bringing the suit. And everyone knows that if the arbitration company starts being unfavorable to the company paying the bills, the company can quite easily find another arbitrator.
@Vivelafat says Sweep the leg, Johnny.: This is the same logic O'Connor was talking about when it came to elected judges. It costs money to run and it's coming from corporate entities you might slam quite regularly.
@Vivelafat says Sweep the leg, Johnny.: Completely agree...although I regularly include it in the contracts I write...arbitration on a company to company level is a good thing, but those clauses also have the leveling factor of usually a panel of arbitors, usually chosen by mutual consent and paid by both parties.
Arbitration between an individual and a company or group is inherently not a bad idea...it's just that the rules of the arbitration need to be negotiated by the parties. Usually in these cases they are not presented as negotiable (or they just AREN'T negotiable), which is what makes it SO detrimental to the individual.
@RStewie: All of the arbitrations I've worked on (in insurance or financial-industry cases) have a panel chosen by consent (or each party gets one arb, and the third is consent). I didn't realize that wasn't standard.
@Maritsa: It is pretty standard for Company to Company arbitrations, but it's NOT standard for most individuals vs. Company arbitrations.
In fact, a lot of arbitration clauses in employment/consumer contracts only have the binding, and not the rest of the rules of the arbitration stated (ie. they state arbitration is madatory, but not who pays, not who chooses, and not where the arbitration has to take place)...this SHOULD mean that these things are negotiated at the time of the dispute, HOWEVER--it usually means that the Company hands down resolutions about the arbitration with the individual thinking that's how it has to be.
THAT'S the reason it ends up being so unfair. And then there's the whole "arbitration as a business" aspect, where the arbitors are never REALLY impartial.
Oh, Squeeness! I sent this in... I was SO HAPPY to hear the news that she's going to be able to drag KBR into open court and finally (finally!) get a shot of justice made me do a happy dance at my desk.
I figured other Jezzies would care too... Consumerist.com has a link to the actual decision by the court to remand her case to the justice system instead of arbitration, and it was pretty good reading.
If my L33T skillz existed, I would post it here, but they don't, so I won't.
@bluebears: But what are the laws on rape in Iraq? She might have a better chance of justice here, now that the opportunity has finally presented itself.
Mandatory arbitration is the invention of the goddamned devil. And those clauses are in *everything.*
This case actually had me close to throwing up. Not just the conduct of the rapists, but the company in the aftermath. I wouldn't have been surprised if they had her go through the Workers' Comp system. Rape should not be considered an on the job hazard! With any luck, the removal of this employment related theory, they loophole the rapists slipped through will be closed and criminal charges will follow...
...and maybe I'll get that unicorn I always wanted and a cake will magically appear in front of me, but a girl can dream...
09/16/09
She is only filing a civil case?
What about the people that raped her, and kept her in a container? What about that?
09/17/09
1) Not on US soil (Baghdad)
2) Not regular military (Haliburton contractors)
3) Special provisions in the contract that protects them from the reach of both the US Justice Dept. and local Iraqi law.
The last point is most crucial.
09/17/09
How the F does that work?!
09/16/09
09/16/09
09/16/09
09/16/09
09/16/09
Came in here to say - sorry for reposting her site. But not really if one more person sends her a "go girl."
09/16/09
09/16/09
09/16/09
Jamie Leigh Jones is so brave it humbles me. I cannot imagine how strong she must be for keeping at this.
09/16/09
just reading the front page of her foundation's website is at once infuriating and inspiring. she is working for justice and trying to right a wrong, as it were.
[www.jamiesfoundation.org]
09/16/09
09/16/09
09/16/09
09/16/09
09/16/09
09/16/09
09/16/09
Arbitration between an individual and a company or group is inherently not a bad idea...it's just that the rules of the arbitration need to be negotiated by the parties. Usually in these cases they are not presented as negotiable (or they just AREN'T negotiable), which is what makes it SO detrimental to the individual.
09/16/09
09/17/09
In fact, a lot of arbitration clauses in employment/consumer contracts only have the binding, and not the rest of the rules of the arbitration stated (ie. they state arbitration is madatory, but not who pays, not who chooses, and not where the arbitration has to take place)...this SHOULD mean that these things are negotiated at the time of the dispute, HOWEVER--it usually means that the Company hands down resolutions about the arbitration with the individual thinking that's how it has to be.
THAT'S the reason it ends up being so unfair. And then there's the whole "arbitration as a business" aspect, where the arbitors are never REALLY impartial.
09/16/09
I figured other Jezzies would care too... Consumerist.com has a link to the actual decision by the court to remand her case to the justice system instead of arbitration, and it was pretty good reading.
If my L33T skillz existed, I would post it here, but they don't, so I won't.
09/16/09
09/16/09
09/16/09
09/16/09
09/16/09
09/16/09
This case actually had me close to throwing up. Not just the conduct of the rapists, but the company in the aftermath. I wouldn't have been surprised if they had her go through the Workers' Comp system. Rape should not be considered an on the job hazard! With any luck, the removal of this employment related theory, they loophole the rapists slipped through will be closed and criminal charges will follow...
...and maybe I'll get that unicorn I always wanted and a cake will magically appear in front of me, but a girl can dream...