Class Action Waivers in Title VII Cases after Italian Colors: Sidestepping the Individual Arbitration Mandate

2014 ◽  
Author(s):  
Jonathan Ross Harkavy
Keyword(s):  
Class Action ◽  
Title Vii ◽  
The Individual

scholarly journals TRANSCENDING THE INDIVIDUAL/COLLECTIVE MINORITY RIGHTS DIVIDE: A PROCEDURAL SOLUTION

2021 ◽  
pp. 1-34
Author(s):  
Zsolt Körtvélyesi
Keyword(s):  
Minority Rights ◽  
Comparative Law ◽  
Class Action ◽  
Full Scale ◽  
Group Rights ◽  
Collective Rights ◽  
Rights Protection ◽  
Procedural Approach ◽  
Legal Provisions ◽  
The Individual

Abstract Relying on examples from international, EU and comparative law and drawing on insights from the class action literature, this article argues that important advances in minority rights protection can be achieved without the revision of substantive legal provisions and the full-scale embracing of collective rights. Allowing minority members to present their claims on behalf of a larger group (collective procedure), even when such claims ultimately rest on the rights of individuals as opposed to those of the group, strengthens minority rights and can transform our vision of them. An overview of eight interrelated benefits shows not only how these advantages occur, but also why the procedural approach avoids the issues that motivate negative critiques of group rights.

scholarly journals THE BRAZILIAN JUDICIARY AS AN ORGAN OF POLITICAL CONTROL

2014 ◽  
Vol 2 (2) ◽  
pp. 15-32
Author(s):  
Ada Pellegrini Grinover ◽  
Grasielly Spínola
Keyword(s):  
Separation Of Powers ◽  
Public Policies ◽  
Class Action ◽  
Fundamental Rights ◽  
Great Effort ◽  
The Public ◽  
Autistic People ◽  
Individual Actions ◽  
Jurisdictional Control ◽  
The Individual

The fruition of fundamental rights like healthcare, education, worthy housing and work is directly related to the creation and implantation of universal and egalitarian public policies by the Congress and the Public Administration. In the cases where the existing public policies are shown to be insufficient, inadequate or do not achieve the fundamental goals of the Federative Republic of Brazil, it arises the need of the action of the jurisdictional function to control the constitutionality over these public policies. In Brazil, this control is made both by direct way, by means of its own constitutional actions, and by diffuse way, by means of collective actions interposed in first instances courts. In this context, the enforcement of the liberal theories like Montesquieu’s Separation of Powers and the Intangibility of the Discretionary Activities reveal themselves incoherent with the Democratic Rule-of-the-Law State. In another way, the jurisdictional action is limited by the Reasonableness, by the Possible Reserve and by the Existential Minimum, and can also find some obstacles in the individual actions that end up influencing the public policies. Therefore, there is a great effort to colectivizing individual actions by Brazilian schoolars. Another problem is the difficulty of Judical Power in using the adequate procedural class action. It will be analyzed one specific decisions made by the Court of Justice of the State of São Paulo about the jurisdictional control of public policies related to the autistic people, with a goal to point out a direction to the improvement of the jurisdictional tutelage in terms of effectiveness and adequacy.

A Consumer Ombudsman: The Human Factors Engineer

1972 ◽  
Vol 14 (1) ◽  
pp. 7-12 ◽  
Author(s):  
Frank D. Fowler
Keyword(s):  
Human Factors ◽  
Government Regulation ◽  
Human Performance ◽  
Product Liability ◽  
Class Action ◽  
Engineering Product ◽  
Consumer Organizations ◽  
Class Action Suits ◽  
The Individual ◽  
Functional Areas

There has never been a more opportune time than now for the human factors engineer to become the spokesman and advocate of the consumer. He is the only scientist whose academic orientation and job philosophy are directed toward the user of a product or service. Pressures on industry by consumers through government regulation, class action suits, product liability litigation, and demands by consumer organizations for better engineered products have created a receptive but dubious atmosphere. There are three general areas from which the human factors engineer can serve both the public and the manufacturer: as a human factors engineer with a company, as a consumer consultant, or as a government regulatory agent. All three functional areas have to be shown, however, that our discipline can be effective. A three-pronged attack is required to accomplish this. First, we must demonstrate the benefits of our service to the maker or user in terms of money saved or earned, safety, decreased insurance costs, and increased product utilization. Second, we must upgrade the individual engineer's skills in engineering, product liability, product testing, and human performance areas. And third, we must promote changes in college curriculums to reflect this dynamic facet of the profession.

scholarly journals PENERAPAN MODEL PEMBELAJARAN LANGSUNG UNTUK MENINGKATKAN HASIL BELAJAR IPA SISWA KELAS VI SEKOLAH DASAR

2018 ◽  
Vol 7 (1) ◽  
pp. 122
Author(s):  
Ruslan Ruslan
Keyword(s):  
Action Research ◽  
Learning Outcomes ◽  
Class Action ◽  
Research Results ◽  
Average Value ◽  
The Subject ◽  
The Individual

The background of this study is the low learning outcomes of science, for that done research by applying directlearning model. This research is a class action research, with the subject of this research is the students of gradeVI SDN 005 Lubuk Gaung with the number of students 30 people. Based on the research results obtained data thatstudents' learning outcomes have increased, learning outcomes obtained from the UH before the action with anaverage value of 63.62 increased in UH I cycle I with an average value to 78.62. At UH II increased by an averagevalue of 84.08. The individual completeness of the basic score that was originally 13 people increased in the firstcycle as many as 20 people and on the second cycle increased again to 26 people. Implementation of directlearning model can improve the performance of teachers, so as to improve the learning outcomes of sciencestudents of grade VI SDN 005 Lubuk Gaung

scholarly journals Shrinkage Estimation in the Adjudication of Civil Damage Claims

2017 ◽  
Vol 13 (2) ◽  
Author(s):  
Hillel J. Bavli ◽  
Yang Chen
Keyword(s):  
Sampling Methods ◽  
Class Action ◽  
Shrinkage Estimation ◽  
Damage Awards ◽  
Aggregate Information ◽  
Action Context ◽  
Legal Outcomes ◽  
Damage Claims ◽  
The Individual ◽  
Guidance Information

AbstractRecent papers have highlighted the use of claim aggregation as a tool for reducing the unpredictability of legal outcomes. Specifically, it has been argued that sampling methods can be used in the class action context, and comparable-case guidance – information regarding awards in comparable cases as guidance for determining damage awards – can be used in the individual-claim context, to reduce variability and improve the accuracy of awards. In this paper, we examine a third form of claim aggregation based on a statistical method called “shrinkage estimation,” which is used to aggregate information and thereby improve estimation. We examine the conditions under which “shrinkage” can improve the accuracy of damage awards, and we apply it to gain a deeper understanding of the benefits and limitations of claim aggregation in the sampling and comparable-case guidance contexts with respect to accuracy.

scholarly journals THE BRAZILIAN JUDICIARY AS AN ORGAN OF POLITICAL CONTROL

2018 ◽  
Vol 2 (2) ◽  
pp. 15-32
Author(s):  
Ada Pellegrini Grinover ◽  
Grasielly Spínola
Keyword(s):  
Separation Of Powers ◽  
Public Policies ◽  
Class Action ◽  
Fundamental Rights ◽  
Great Effort ◽  
The Public ◽  
Autistic People ◽  
Individual Actions ◽  
Jurisdictional Control ◽  
The Individual

The fruition of fundamental rights like healthcare, education, worthy housing and work is directly related to the creation and implantation of universal and egalitarian public policies by the Congress and the Public Administration. In the cases where the existing public policies are shown to be insufficient, inadequate or do not achieve the fundamental goals of the Federative Republic of Brazil, it arises the need of the action of the jurisdictional function to control the constitutionality over these public policies. In Brazil, this control is made both by direct way, by means of its own constitutional actions, and by diffuse way, by means of collective actions interposed in first instances courts. In this context, the enforcement of the liberal theories like Montesquieu’s Separation of Powers and the Intangibility of the Discretionary Activities reveal themselves incoherent with the Democratic Rule-of-the-Law State. In another way, the jurisdictional action is limited by the Reasonableness, by the Possible Reserve and by the Existential Minimum, and can also find some obstacles in the individual actions that end up influencing the public policies. Therefore, there is a great effort to colectivizing individual actions by Brazilian schoolars. Another problem is the difficulty of Judical Power in using the adequate procedural class action. It will be analyzed one specific decisions made by the Court of Justice of the State of São Paulo about the jurisdictional control of public policies related to the autistic people, with a goal to point out a direction to the improvement of the jurisdictional tutelage in terms of effectiveness and adequacy.

scholarly journals Application of Concept Maps and Critical Thinking Ability to Improve Writing Reports

2017 ◽  
Vol 2 (2) ◽  
pp. 201
Author(s):  
Martono Martono ◽  
Susanti Susanti ◽  
Suprapti Suprapti
Keyword(s):  
Critical Thinking ◽  
Concept Maps ◽  
Class Action ◽  
School Students ◽  
Student Activity ◽  
Average Value ◽  
A Value ◽  
Planning Cycle ◽  
Class Viii ◽  
The Individual

<p>This study was conducted in class VIII C SMP 21 Pontianak City in 2015/2016. The study focused on the material report. Materi subject matter for the report is required to master this material student. Students so that they can write a trip report or reports on the observed results. they report should refer to the nature report. The fact write in school, students have difficulty writing reports. efforts to improve the ability of students to write a report done by the application of concepts and critical thinking questions. The focus of this research is how the application of the concept maps and critical thinking in improving report writing capability class VIII C SMP 21 years of 2015/2016? The scope of the research is focused on a few sub focus namely research, planning, implementation, and the result. The research method is descriptive and qualitative research design form of class action. Results of research learning planning cycle 1 (APKG1) values obtained 85.00 (very good), 2 cycles values obtained 97.50 (very good). Learning implementation using APKG2, the activities of teachers in the first cycle, the first and second meetings have been categorized Very Good, with a value of 87.20. Activities teachers teach when the second cycle, the first meeting and the second is better, with a value of 88.80. If the student activity cycled see first, first and second meetings are very active and are included active. Good Cycle. This second, first and second meeting, there was an increase in the student activity is said to be better than the first. Every cycle and every member of the group to work independently and be careful in teaching. cycle values of individual students: the average is 79.39. There is a group formed in learning activities. The final average group value  84.00. Second cycle. Values of individual students from three aspects, the average is 79.39. value incomplete 26.8%. group value Rate Average 88.00. 87.56 absorptive capacity. There was an increase in the average value of cycle 1 to cycle 2, at 4. But the value of the individual is constant.</p>

scholarly journals Strategi STAD sebagai Upaya Meningkatkan Keaktifan dan Motivasi Siswa dalam Pembelajaran Bahasa Arab di Kelas V Madrasah Ibtidaiyah Negeri Yogyakarta I

2017 ◽  
Vol 2 (2) ◽  
pp. 251
Author(s):  
Ali Shofa
Keyword(s):  
Student Motivation ◽  
Class Action ◽  
Class V ◽  
Research Activities ◽  
Initial Observation ◽  
The Individual ◽  
Question Form ◽  
Research Action ◽  
Depth Interviews ◽  
Student Team

This research is a Research Action class (PTK) which aims to describe the application of strategy in learning Arabic STAD (Student Team-Achievement Division) and increases liveliness and motivation of students of class V after the strategy is applied. Qualitative in nature, with a research take place MIN Yogyakarta I. Data collection done by holding observation, in-depth interviews, documentation and question form to supplement the data you want to unfold. Analysis of the data is done by uncovering the meaning: namely, the meaning and the learning process in an effort to increase motivation and liveliness through actions taken, in this study using a simple statistical data to help in exposing the data. As for the order of research activities include: (1) planning, (2), (3) implementation of the observations, and (4) Reflection. The results of this research indicate: (1) the implementation of this class action research conducted over the last two cycles, a cycle consisting of two meetings that begins with the observation of early learning and pre action activities. The implementation of the strategy of this more STAD engaging students in learning, with work on the question of the individual or group, presented the results of the discussions, quizzes, as well as the existence of awards to students who are given by the teacher. (2) an increase in student motivation, liveliness and enthusiasm and delight in following the student learning, then the incidence of the curiosity of the students against the material to be studied, the desire to express an opinion, received opinion, and a willingness to ask. In general the increase happening is quite good, on aspects of the student experience the liveliness of the increase on the initial observation of 35.5%, then the cycle 1 68.3% to 80.7% in cycle II, thus the aspect of experiencing an increase of 45.2%. As for the aspect of motivation of students on initial observation 29.6%, then in cycle I, 65.8% and 87.8% being on cycle II, so that improvements occur of 58.2%. Keywords: PTK, STAD, Student Motivation Abstrak                                                        Penelitian ini merupakan Penelitian Tindakan Kelas (PTK) yang bertujuan untuk mendiskripsikan penerapan strategi STAD (Student Team-Achievement Division) dalam pembelajaran Bahasa Arab dan meningkatkan keaktifan dan motivasi siswa kelas V setelah strategi tersebut diterapkan. Penelitian bersifat kualitatif, dengan mengambil latar MIN Yogyakarta I. Pengumpulan data dilakukan dengan mengadakan pengamatan, wawancara mendalam, dokumentasi dan angket untuk melengkapi data yang ingin diungkap. Analisi data dilakukan dengan mengungkap makna: yakni makna dan proses pembelajaran sebagai upaya meningkatkan motivasi dan keaktifan melalui tindakan yang dilakukan, dalam penelitian ini menggunakan data statistik sederhana untuk membantu dalam mengungkap data. Adapun urutan kegiatan penelitian mencakup: (1) perencanaan, (2) implementasi, (3) pengamatan, dan (4) refleksi. Hasil Penelitian ini menunjukkan: (1) Pelaksanaan penelitian tindakan kelas ini dilakukan selama dua siklus, satu siklus terdiri dari dua pertemuan yang diawali dengan observasi awal pembelajaran dan kegiatan pra tindakan. Penerapan strategi STAD ini lebih melibatkan siswa dalam pembelajaran, dengan mengerjakan soal kelompok maupun individu, mempresentasikan hasil diskusi, kuis, serta adanya penghargaan kepada siswa yang diberikan oleh guru. (2) Adanya peningkatan keaktifan dan motivasi siswa, antusiasme dan rasa senang siswa dalam mengikuti pembelajaran, kemudian timbulnya rasa ingin tahu siswa terhadap materi yang dipelajari, adanya keinginan untuk mengungkapkan pendapat, menerima pendapat, dan kemauan bertanya. Secara umum peningkatan yang terjadi cukup baik, pada aspek keaktifan siswa mengalami peningkatan pada observasi awal sebesar 35,5%, kemudian siklus 1 68,3% menjadi 80,7% pada siklus II dengan demikian aspek tersebut mengalami peningkatan sebesar 45,2 %. Sedangkan untuk aspek motivasi siswa pada observasi awal 29,6 %, kemudian pada siklus I 65,8% dan menjadi 87,8% pada siklus II, sehingga peningkatan yang terjadi sebesar 58,2%. Kata Kunci: PTK, STAD, Motivasi Siswa

scholarly journals The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime

2019 ◽  
Vol 22 ◽  
pp. 1-17
Author(s):  
Theo Broodryk
Keyword(s):  
South African ◽  
Class Action ◽  
Access To Justice ◽  
Constitutional Court ◽  
Preferential Treatment ◽  
Class Actions ◽  
Opt Out ◽  
To Come ◽  
The Individual ◽  
Do So

In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is confined to claimants who choose positively to advance their claims and are required to come forward for that purpose, he can see no reason why they are not capable of doing so in their own names through joinder – they do not need a representative to do so on their behalf. The members who choose to opt in to the class action will thus be identifiable. If that is the case then, according Nugent JA, joinder may be the appropriate procedural device. A problem evidenced by this approach is accordingly that, by suggesting that joinder is the appropriate procedural device where all the claimants are identifiable, rather than a class action, the court essentially attacked the viability of the opt-in regime of class action litigation. The preferential treatment afforded by our courts to the opt-out class action regime is further reinforced by the finding of Nugent JA that the opt-in class action regime can be utilised only in exceptional circumstances. As exceptional circumstances had not been proved, he found that a class action was not the most appropriate way to pursue the claims. He accordingly suggested that joinder was a viable option to pursue the claims. The opt-in class action regime requires individual class members to take positive steps to participate in the class action. In other words, class members are required to come forward and opt into the class action, failing which they will not be bound by or benefit from the outcome of the litigation. Support for the opt-in regime is essentially premised on the belief that individuals who are unaware of the litigation should not be bound by its outcome. The opt-out class action regime, on the other hand, automatically binds members of the class to the class action and the outcome of the litigation unless the individual class members take steps to opt out of the class action. Support for the opt-out regime is essentially based on the view that the opting-in requirement could undermine one of the primary purposes of class action litigation, which is to facilitate access to justice. The Constitutional Court in Mukaddam v Pioneer Foods (Pty) Ltd 2013 5 SA 89 (CC) held that Nugent JA was wrong to find that an applicant in an opt-in class action is required to show exceptional circumstances. However, the court did not provide reasons for its disagreement. The issue relating to exceptional circumstances in opt-in class actions was dealt with in two sentences. The Constitutional Court also failed to deal with the nature and status of the opt-in class action compared with opt-out class actions in South African law. The note will accordingly consider when, if at all, it is appropriate to use the opt-in class action regime compared to the opt-out class action regime.  

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