- Jul 2, 2004
- 3,492
- 1
- 81
Sen. Franken Questions de Bernardo About Binding Arbitration
- Thread starter Mr. Lennon
- Start date
Franken is smarter then people give him credit.
He was at times over 10points behind in the sen race. What happened is people heard him speak and found out he is a real honest and smart guy. That and Coleman did not take4 him as a serious person at first and that did not help either.
He was at times over 10points behind in the sen race. What happened is people heard him speak and found out he is a real honest and smart guy. That and Coleman did not take4 him as a serious person at first and that did not help either.
fallout man
Golden Member
- Nov 20, 2007
- 1,787
- 1
- 0
He did a good job when he had his show on Air America. Unlike most talking heads on the left or right it was refreshing to listen to him. He is very educated in political science, but in my opinion is only an ok comedian / comedic writer. I expect he will do well in his new role.
Exactly! If you take the time to listen to him, you'd know Franklin is a very bright guy. :thumbsup:
Seems bright around here is a matter of perspective...
Like every other hack franken has his own agenda...one thing I can respect him for is that he sticks to his guns, but he is a leftist, progressive liberal whatever you want to call it.
And for the comment above about Air America...again if you agree with what is being preached about then you will think it is the next best thing to sliced bread.
I just thought of something.... You know you can't sign away your rights, right? That came about around the time unions popped up(actually learned this when I joined Millwrights Union). So I'm wondering... these contracts SHOULD be invalid period.
The difference was in the way he delivered the message without resorting to fallacy like many of the other hosts left or right. You might not like his message, but at least he is honest in the delivery. I can't say that for most talking heads.
He has had ages to prepare, this is a hot button issue for him that he is going to start his career off on so he better get it right, plus the guy is a former actor and can deliver lines when he has to (or at least I would presume that to be).
Personally as a conservative I don't agree with him or most of what he stands for...thus I don't think he is anything special...but like I said he sticks to his issues and seeingly rides them out (least from what was seen in the short term)
sportage
Lifer
- Feb 1, 2008
- 11,492
- 3,162
- 136
I?m going to say it. We usually don?t want to say it. But I?m going to say it...
I told you so!!!!
That Franken was and is a savvy politician, first, that just happens to have a sense of humor, second. All those that assumed he would be a clown and go down flaming... WRONG.
I told you so!!!!
That Franken was and is a savvy politician, first, that just happens to have a sense of humor, second. All those that assumed he would be a clown and go down flaming... WRONG.
trenchfoot
Lifer
- Aug 5, 2000
- 15,673
- 8,212
- 136
de Bernardo = roast pig with apple stuck in mouth and Franken's size 12's stuck up to it's heels in the other end.
Poor KBR, couldn't buy your way out of this one eh?
Go go Franken-stein. Would it be that Haliburton/KBR's closet full of skeletons be your village to terrorize at will.
Poor KBR, couldn't buy your way out of this one eh?
Go go Franken-stein. Would it be that Haliburton/KBR's closet full of skeletons be your village to terrorize at will.
Correct me if I am wrong but the Constitution only protects your rights in Criminal court. I don?t know of any amendment that protects a person?s right to civil court? That was the issue here was weather she could sue in civil court. The criminal matter was a whole other item.
Hayabusa Rider
Admin Emeritus & Elite Member
- Jan 26, 2000
- 50,879
- 4,268
- 126
I'm not sure either. This woman in this circumstance deserves to have a chance in court no question about it. To play devils advocate though, what does this legislation really mean?
As an example, imagine that there is an employee who is passed over for promotion who happen to be black. He's angry about that and so wants justice. He decides to take this to court. Now the problem in this case is that his race has nothing to do with it. He's not competent enough to move to the next level.
Will he automatically have the right to engage in expensive litigation without any intermediary process? He takes an attorney on a "pay if you win" arraignment. He's nothing to lose. What does this amendment actually mean?
Certainly there needs to be a mechanism in place where justice is served, but the accuser is not always the one who is right.
I'd think that having binding arbitration could be the way to go, however if the alleged victim feels the process was unfair, the case could be passed up to an intermediary charged with determining if the results were fair before going to into an expensive litigation. This person or body has the power to investigate the situation. If it's deemed fair, then that's it. If not, then we move up to the next level. If the premise of the accuser is deemed to be ridiculous (someone is upset because they didn't get a raise but are a chronic absentee without cause for example), then that person gets fined. Why? Because trying to blackmail a person or a company is also wrong. If the person in question is like this woman, then not only does she get her day in court, but will receive damages above that which the jury determines.
In either case, play the system and you pay the price literally, but if you are seriously harmed and not properly compensated as determined by an impartial third party (which could be a court agency) then that corporation will be punished in a real and significant way, and as I say, it eliminates those cases which are frivolous from going to court.
WhipperSnapper
Lifer
- Oct 30, 2004
- 11,442
- 32
- 91
Those attorneys who take cases on contingency do, however, have some skin in the game. If his case is completely non-meritorious then they end up wasting their time and money. If you worked as an attorney who took cases on contingency, you would be very choosy about which cases you took.
Anyone who loses their binding arbitration case would then appeal, essentially resulting in a complete re-hearing in a court.
The big problem with the binding arbitration is that almost all of the agreements people enter into in an employment or banking context are adhesion clauses--that is--you don't have any choice but to agree. Since people must have employment in order to live they really don't have any choice but to agree to these clauses. Arbitration is supposed to be a voluntary agreement between parties but in the employment context, as a practical matter, it is almost always involuntary. (Good luck trying to find a job that doesn't have an arbitration clause in an employment agreement.) You could argue that agreements with banks and credit card companies are voluntary, however you need those things to function in today's society.
- Mar 20, 2000
- 102,396
- 8,559
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franken's pending legislation didn't do anything for her. the fifth circuit already said the arbitration clause didn't apply to her rape.
it seems like a gotcha question, the typical settlement has non-disclosure clauses and so the amounts for 'prevailing' wouldn't be known to the researchers and probably couldn't be disclosed to congress without specific subpoena.
lawyers in practice are starting to move away from putting in arbitration clauses because arbitrators have the reputation of splitting the baby.
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