Abstract This paper discusses the basics of classaction lawsuits, providing some common examples of these types of lawsuits. The paper presents the exemption employment rule and explores how this can lead to classaction lawsuits. The paper explains that the exemption classification is part of the employment law that grants employers the right to refuse overtime pay to employees who fall under some "exempt" categories. Several examples of classaction lawsuits are presented in the paper.
From the Paper "Class action lawsuits refer to those civil suits brought by a group of people in similar situation. It is one of the most effective and cost-efficient method of bringing charges against an employer for unfair business practices that caused harm to one several employees or consumers. In most cases, class action lawsuits are brought against corporations and large organizations, but in some rare care, legal professionals can also register a class action against any organization if it notices unfair practices and can gather individuals who would testify to the same."
This paper discusses affirmative action programs, which were created to erase the differences in rights and opportunities for ethnic and gender minorities.
Abstract This paper explains that the basic aim of affirmative action was to put a considerable dent in the tightly controlled networks of privileged white male citizens who monopolized the good jobs and influential positions in American society. The author points out that Congress has consistently found that discrimination exists in the awarding of government contracts. The paper relates that affirmative action has been shown to benefit middle-class minorities more often then those in the lower-class.
Table of Contents
Introduction
What is Affirmative Action The Pros and Cons of Affirmative Action
From the Paper "Until the Equal Credit Opportunity Act of 1974 was passed, lenders routinely discriminated against women based on their sex and marital status, limiting their ability to accumulate capital. Accordingly, even by 1990 the average business owned by women earned only $19,876 a year, which was 45% of the average earnings of the typical American business. In 1994, women-owned businesses represented 1.7% of procurement dollars awarded by the Department of Defense."
Abstract This paper examines how a history of cultural annihilation and commercialization, of economic repression and segregation and finally of an astounding lapse in communication has left the current generation of African-Americans with a race and class crisis. It debates whether the concepts of affirmative action solve this and whether a better solution would be to soundly and reasonable work out a way to promote a fuller integration of places of education and employment. It evaluates how a total resolution to this conflict would rely on increased education and services at the most basic levels, increased communication and coordination at higher levels and above all a willingness on both sides to come to the table and make peace.
From the Paper "Historically, blacks in America have faced far more discrimination than any other people. They were brought to this land as slaves, and underwent generations of systematic de-culturalization before finally being released from official slavery into an often more difficult economic and cultural slavery. Yet despite these overwhelming odds, black culture has transformed America and in many ways become an integral part of it. Blacks have made invaluable contributions in every area of modern American life, from peanut butter to rock?n?roll, from civil rights legacies to sports legends. Unfortunately, the gap between the lives of white and black Americans has decreased far less than one might have hoped. While black culture seems to have been largely integrated into the fabric of American life, one also sees a startling degree of ghettoization as well. There are many black individuals in business, for example, and yet few in management positions. There are many black entertainers, but few blacks exercise any control over the giant media conglomerates."
Tags: african, americans, education, discrimination, race, class
Abstract This paper discusses a legal case study that revolves around the Monsanto company (plaintiff) versus Mr. Percy Schmeiser (defendant), of Saskatchewan, Canada. The paper relates that Monsanto claims that Mr. Schmeiser knowingly planted Monsanto's patented canola seed by saving the cross-pollinated seed from the previous year and is seeking patent infringement damages, since he was not a licensee of the patent. On the other hand, Mr. Schmeiser claims that he did not plant or buy any seed from Monsanto, and that his canola seeds were naturally cross-pollinated by bees, wind, and passing trucks. The paper outlines the legal issues and arguments on both sides of the case and concludes that the main issue of the case is that Monsanto is becoming a monopoly. The paper argues that the farmers must take control of this situation immediately and demand sovereignty against Monsanto's control. The paper further argues that the farmers must formulate a class-action lawsuit against Monsanto, and stop buying seed or anything else Monsanto is selling. Governmental regulators then need to stay the course and find in favor of traditional farming.
Table of Contents:
Diagnosis
Focal Points For Action Short Term Issues
Long Term Issues
Profitability Segment
2005 Data
United States Patent Law
Canadian Patent Law
Patent Rights
Alternatives
The Issue
Decisions and Recommendations
From the Paper "Canada does not allow higher life forms to be patented, yet, the Schmeiser decision, by a 5-4 majority, suggests that patent holders of components of higher life forms have found way around this barrier. This decision does an apparent end run around the prohibition against planting higher life forms by finding patent infringement in cases where a non-licensee possesses a whole that contains a patented part. This effectively provides a monopolistic protection of the whole to patent holders of the part, even though such patents are not permitted under law."
Abstract This paper is a historical analysis of affirmative action in the United States. It covers the period from the Civil Rights Act of 1964, the leaders involved in the decision to pass this amendment to the Constitution, and the motivation behind this historic decision. It then compares the policies of more recent years, and shows how the intentions of the originators of this Act have been manipulated, and how the group that it was intended to benefit from these actions, are now suffering reverse discrimination.
From the paper:
"The Declaration of Independence states, "all men are created equal." Our Constitution is based on giving each citizen the same equal rights. However, policies have been implemented since 1961 to go against the words of the founding fathers of this country. Affirmative action is, by definition, "a policy or program for correcting the effects of discrimination in the employment or education of members of certain groups" or "encouragement for increased representation of women and minority-group members, especially in employment." Problems associated with affirmative action include reverse discrimination. Also, merit and accomplishments may be replaced by the requirement of a quota for a certain race or gender."
Abstract This paper begins by defining the concept of representative proceedings or actions. It then discusses the procedural aspects of commencing a procedural action. This is followed by a discussion of the benefits to both the applicant and respondent regarding representative actions and what the limitations of such proceedings are. The paper concludes with a brief discussion of the future of representative actions.
From the Paper "The popular term, Class Action, is better defined in the Australian Jurisdictions as a Representative proceeding, a proceeding in which a defined party (or parties), will bring an action as plaintiff on behalf of a group, of seven or more members , where the group has an issue arising out of common circumstances , giving rise to a common question of law or fact. The legislative provisions Part IVA are mirrored by the Judgement of Mchugh J in Carnie , where his honour held;
"In my opinion, a plaintiff and the represented persons have "the same interest" in legal proceedings when they have a community of interest in the determination of any substantial question of law or fact" "
Abstract This paper examines the rather diffuse concept of intergenerational transfer of class. Although a succinct and well worded definition is surprisingly difficult to find, the paper does provide a general description of the concept in action that should be of some assistance to those encountering the expression for the first time.
From the Paper 'The following brief paper will review the concept, "intergenerational transfer of class". In addition to offering a succinct definition of it, the paper will also explore the relevancy of the above concept to the criminal justice system in the United States. In so doing, what it is hoped will emerge from this discussion is an appreciation of how certain socio-economic groups in society (which tend invariably to be dominated by certain ethnic and/or racial groups) perpetuate their advantages over time and, in so doing, ensure themselves of being in a strong position to take full advantage of the court system whenever the situation should arise. '
A review of a classaction suit filed in August 1970 in the US that alleged that the Detroit school system was racially segregated as a result of policy.
Abstract This paper reviews the case of "Milliken v. Bradley" (1974), a classaction suit filed by parents of students in the Detroit Michigan school system and the Detroit Branch of the National Association for the Advancement for Colored People (NAACP) against the Michigan State Board of Education and various other state officials of the state of Michigan, alleging that the Detroit school system was racially segregated as a result of policy, in particular, a state statute known as Act 48. The paper gives the background of the case, a summary of both the plaintiff's and the defendant's arguments as well as the court's ruling. The author also provides his opinion on the case.
Outline:
Facts of the Case
Summary of Plaintiff's Argument
Summary of Defendant's Argument
The Supreme Court's Decision
Significant Concurring Opinions
Significant Dissenting Opinions
My Decision on the Case
From the Paper "I understand why the families of the children in the suburban schools outside the city of Detroit felt like they did nothing wrong and should therefore not be sent to schools in Detroit. At this time in history I believe that whites felt secure inside the suburbs and did not want to interact with the African American community. I believe that this type of feeling needs to be deemed unacceptable because after the Brown v. Board of Education decision, the people needed to realize that racial desegregation is indeed moving in a positive direction and they should join in on it. I think the white people may have been afraid of the African American community but without them ever coming together there would be no way that they would ever realize there is really nothing to be afraid of."
Abstract This paper attempts to study several aspects of the case within the context of environmental pollution and law, or more specifically toxic tort litigation. It also studies the impact of group or community pressure. The paper concludes by discussing the impact of this case upon the environment, environmental health and the legal system within the context of environmental litigation.
From the Paper "The idea that the environmental pollution, caused by W .R. Grace and Beatrice Foods was the probable cause of leukemia in children in Woburn, first came to the mind of the Anderson family, who had moved to Woburn, a working class Boston suburb, in 1965. Only after few years of the move of the family, their 3-year- old son, Jimmy, was diagnosed with acute lymphocytic leukemia as diagnosed by Dr. John Truman, an eminent pediatric oncologist at the Boston Children's Hospital."
Abstract The paper discusses how Karl Marx believed that there were two classes of people; the working class and the wealthy. His social philosophy suggested that the wealthy class was consistently attempting to ensure that the working class could never alter their social position. Furthermore, Marx contended that the wealthy controlled the working class because of the working class dependence on the wealthy for their livelihood. In modern society, however, the growing opinion is that there are three social classes; the poor, the middle class and the wealthy.
A look at England in the 1850's and the class struggles which existed between the landowners and the middle class, and the working class against the industrial revolution.
Abstract An examination of the chaos existing in 19th century England and the causes and consequences. The paper states that England's development of a dual class struggle -middle class vs. aristocracy and working class vs. middle class - arose for several reasons. The most immediate and obvious cause was the industrial revolution, which impacted the country economically, socially, and politically.
From the Paper "The year 1850 found England in the midst of some remarkable transitions. First, in the wake of the Industrial Revolution, England was in the process of evolving from being an agrarian society into being an industrial one. In fact, the year 1851 would mark the first year when the number of people in England's cities and towns was greater than the number of people in her rural areas (Hibbert 67).
"Second, for the first time in the country's history, the landowners, also known as the gentry or aristocracy, found themselves losing political ground and cultural influence to the middle class. The Middle Class, strengthened by the Industrial Revolution, had battered its way into the House of Commons and successfully passed several reform measures, such as the Prison Act, and the Lunacy Act, measures that the aristocracy would not have undertaken if left to their own devices."
This paper discusses working class rebellion as depicted in Phillip Bonosky's novel, "Burning Valley", and the film, "Norma Rae", directed by Martin Ritt.
Abstract This paper uses examples from a novel and a film to demonstrate that, until there is resistance, revolution, or rebellion, people usually will accept their position in society as either a worker or someone in the upper class, such as a business manager. The author points out that, after examining several instances from the novel and the film, it is clear that the different mindset of the working class from the upper class causes a class structure gap. The paper stresses that rebellion is a disturbance that causes members of the working class to rethink their position.
From the Paper "While there are many differences between Norma Rae, in the film titled "Norma Rae", and the character of Benedict Blumanis, they share an important similarity. They have the potential to change their way of thinking. After a man that she had been sexually involved with beat and verbally abused Norma, she came across the familiar face of a union organizer, Reuben. In this scene, as she asks Reuben questions, Norma is displaying her willingness to understand and her openness to change."
Abstract The paper explains that, in the conflict (Marxian) theory, capitalist societies are divided into two opposing classes, wage workers and capitalists, and that conflict between these two classes will eventually lead to revolutions that will establish classless socialist societies. The author points out that the interactionist perspective stresses the prestige factor to understand the behaviors of status groups, which form within a given class, such as two persons in an upper class neighborhood, one of whom owns an Olympic-size swimming pool while his neighbor only owns an above-ground pool. The paper concludes that the long-term realities of Bush's policies can only truly benefit the upper class.
From the Paper "Another key feature of Bush's economic agenda has been reforming Social Security with private investment accounts. While Bush's scheme suggests that he was supposed to solve the financial downfall of the last two years, he diverted attention away from the crisis and moved it squarely on Saddam Hussein. Who knows what kind of economic
disaster we have waiting for us in the immediate future? ?Furthermore, while young people seem more attracted to Bush's policies than skeptical elders, it is actually the younger generation of new workers who are destined to lose most, because of the cost of diverting Social Security revenues into the new individual stock accounts while still
paying benefits to retirees.? However, the volatility of the market at any given time makes it appear that the only ones who could possibly benefit from this type of plan would have to be the rich. The simple fact is that they have enough money in capital reserves to take risks with a program that they certainly won?t need anyway. If this pattern continues, a transfer from general revenues will be needed to help
with the transition's negative cash flow."
Abstract This paper examines Virgin Airlines upper class service and the services and facilities it offers to its customers. The paper describes in detail the original idea for a "First Class" service as envisaged by the company's founder, Sir Richard Branson and its development since the airlines founding in 1982. The paper discusses how the upper class service fits in with the image generated by Virgin Airways and the entire Virgin Group of companies. The writer contends that Virgin's upper class service is the market leader in customer service and satisfaction due to innovative advertising, forward thinking and value for money.
From the Paper "Virgin Atlantic flies mainly to destinations that are major population center or tourist destination. So by flying high traffic, profitable routes, Virgin Atlantic has been able to maintain a passenger load factor of around 76% in spite of competition and also stay profitable. Also by exclusively flying big aircrafts such as the Boeing 747 and Airbus A340, Virgin Atlantic is able to balance its high price - low passenger Upper Class, with low price - high passenger economy class. Virgin Atlantic has positioned itself as a unique player in the airline industry by offering the best service, for a very good price. For instance, a roundtrip from London Heathrow to New York's John F Kennedy on May 19th 2009 returning on May 21st 2009 costs $7,616 on Virgin Atlantic Upper Class and $11,762 on British Airways First Class. The same trip on British Airways Business class costs $7,616 but Virgin Atlantic's Upper Class offers much more services for the same price, increasing the price-value relationship."
Tags: transatlantic boeing aircraft economy class flight laker airline, Virgin Airlines, first class, premium passengers
Abstract This paper provides a thorough explanation of social class. It looks at the many factors that determine a social class such as the demography of the different classes, their psychological characteristics, their interaction, their culture and many others. The writer then analyzes some sociologists' opinions on how social classes are formed.
From the Paper "Social classes are determined based on the differences of people. A class of a society is different from the other class. In that, the lower class group has lesser opportunities than the higher social class. This groupings or identification of social class is somehow unfair to how the past and the present generation uses it. Although now grouping individuals into social class is diminishing, the meaning and characteristics of each class still remains based on peoples' standing in society, either they belong to the rich class, the poor class, or the middle class of people. Social classes can be determined on several factors such as condition of living, labor and employment, ideological perceptions, political influences, and religious influences."
