<\/p>\n\n\n\n
LiLiu<\/p>\n\n\n\n
Professor Arto Artinian<\/p>\n\n\n\n
POL100 (0502): Discussion Board 12.1<\/p>\n\n\n\n
June 27, 2021<\/p>\n\n\n\n
These questions are based on the \u201cSex Class Action\u201d article:<\/p>\n\n\n\n
1. What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision?<\/p>\n\n\n\n
The Supreme Court decided in the Wal-Mart case that the Supreme Court ruled that Wal-Mart won the case. In this case, the plaintiff tried to represent 1.6 million women, including women who are currently working or who have worked in Wal-Mart stores. However, the majority of judges of the Supreme Court believe that a small group of women cannot represent a female class, and the plaintiff does not have enough “commonality” to constitute a class. Justice Antonin Scalia of the Supreme Court expressed that “commonality” should be a class that must not only have a common problem, but also a common solution and a solution that compensates all members equally. The women represented by the plaintiff Dukes were not rejected, insulted, and degraded by the same store and the same manager. Therefore, the class represented by Dukes does not meet the common requirements of Rule 23 of Civil Procedure, which is “questions of law or fact.”<\/p>\n\n\n\n
Moreover, the court ruled that the class represented by Dukes did not meet the “b(2)” class in Article 23 of the Civil Procedure Rules on class actions. Because the women represented by the plaintiff Dukes At the same time they demand wage claims, which should be classified as “b(3)” class. Thus, the court ruled that the plaintiff belonged to the “b(3)” class because the court held that the amount of wages paid by women was too high and could only be classified as a “b(3)” claim. This misclassification prevents Dukes and the women she represents from seeking injunctions or declarative relief. This not only harmed the class status of women, but also put the plaintiff at a disadvantage. Therefore, the Supreme Court decided that Wal-Mart won in the case. <\/p>\n","protected":false},"excerpt":{"rendered":"
LiLiu Professor Arto Artinian POL100 (0502): Discussion Board 12.1 June 27, 2021 These questions are based on the \u201cSex Class Action\u201d article: 1. What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision? The Supreme Court decided in the Wal-Mart case that the Supreme Court ruled…<\/p>\n","protected":false},"author":1663,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"portfolio_post_id":0,"portfolio_citation":"","portfolio_annotation":"","openlab_post_visibility":"","footnotes":""},"categories":[25],"tags":[],"class_list":["post-3646","post","type-post","status-publish","format-standard","hentry","category-discussion-board-12-1"],"_links":{"self":[{"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/posts\/3646","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/users\/1663"}],"replies":[{"embeddable":true,"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/comments?post=3646"}],"version-history":[{"count":1,"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/posts\/3646\/revisions"}],"predecessor-version":[{"id":3647,"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/posts\/3646\/revisions\/3647"}],"wp:attachment":[{"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/media?parent=3646"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/categories?post=3646"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/openlab.bmcc.cuny.edu\/pol-100-0502-introduction-to-american-government-summer-2021\/wp-json\/wp\/v2\/tags?post=3646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}