Tag Archives: Whining

Supreme Court throws out anti-business class action lawsuit

You have to read this post by Ed Morrissey at Hot Air.

Except:

The Supreme Court took a big bite out of the pockets of class-action trial lawyers today, at least in the field of employment discrimination.  The court unanimously rejected a class-action lawsuit against Wal-Mart on behalf of 1.6 million female employees that attempted to argue that the retail giant purposefully and systematically discriminated on gender for compensation.  But a narrow 5-4 rulingon a companion issue promises to make filing any more such class-action lawsuits nearly impossible:

The justices divided 5-4 on another aspect of the ruling that could make it much harder to mount similar class-action discrimination lawsuits against large employers.

Justice Antonin Scalia’s opinion for the court’s conservative majority said there needs to be common elements tying together “literally millions of employment decisions at once.”

But Scalia said that in the lawsuit against the nation’s largest private employer, “That is entirely absent here.”

Justice Ruth Bader Ginsburg, writing for the court’s four liberal justices, said there was more than enough uniting the claims. “Wal-Mart’s delegation of discretion over pay and promotions is a policy uniform throughout all stores,” Ginsburg said.

The contrasting opinions gives a good indication of what is at stake.  In mostcorporations (especially national retail chains), compensation decisions are almost always delegated to individual locations or regional management.  For one thing, the labor market varies from region to region, and what amounts to competitive compensation in one region might be insufficient in another, depending on the cost of living, labor availability, and so on.

Ginsburg’s identification of this as a prima facie indication of discrimination would have exposed virtually all US retailers to such class-action lawsuits.  Not only would that have sapped retailers of billions in capital, but it doesn’t make any sense on its face anyway.  If compensation decisions are decentralized throughout an organization, how can that possibly demonstrate a coordinated, centralized, and explicit effort to discriminate on the basis of anything?

Reining in judicial activism and trial layers is a good way to incentivize corporations to create jobs. If you want to lower unemployment, stop these frivolous class-action lawsuits.

It’s also worth pointing out that lawsuits like this are bogus in a free market, because if people really area being underpaid, they can always go to a different employer to get a higher salary – IF THEY ARE WORTH IT. We really need a national loser-pays law to deter these nuisance lawsuits.

Ezra Levant on the new Sun News television network

Ezra Levant
Ezra Levant

Learn about the new Sun News television network and Ezra Levant’s new show “The Source”. Sun News launching in Canada on April 18, and it should provide some much needed diversity to the close-minded, economically ignorant climate of big government spending that dominates the news media up north.

Excerpt:

Do you want to get the Sun News Network on your TV? Then you’d better ask for it. Because we go live in less than two weeks. April 18th is the launch. And you don’t want to miss a minute of it, I can promise you that.

And maybe pick up the phone and add the power of your voice to your efforts.

If we were the CBC or CTV, you wouldn’t have to ask for the channel. It would be forced on you. In fact, under Canadian broadcasting law, every cable provider must carry CBC and CTV, and every single cable subscriber (that would be you) is forced to pay for it, whether you watch it or not.

These two companies have had a combined 30-plus years of this mandatory indoctrination — and taxation. As if the CBC’s billion dollars a year wasn’t enough, they ding you for 54 cents a month on your cable bill, whether you ever watch them.

It’s the David Suzuki tax. The Peter Mansbridge tax. It’s the Alberta-bashing tax. The gun registry tax. It’s a tax to pay for your own indoctrination.

We’re the Sun — a privately owned company. We don’t have the power of taxation. Which is fine. We’ll win our viewers the old fashioned way — by broadcasting interesting things that people want to watch.

That’s what’s so remarkable about the CBC-CTV duopoly. Despite all the subsidies and mandatory broadcasts, Canadians so often choose to get their news elsewhere — including a news station headquartered in the Deep South of the United States, called CNN. They’re headquartered in Atlanta, Georgia, the cradle of the Confederacy.

It’s a pretty damning indictment of Canadian TV news that a TV station in the heart of Dixie manages to draw more eyeballs than local offerings. Imagine if the biggest-selling newspaper in Canada were USA Today. How lame would Canadian newspapers have to be to allow that to happen?

One day, the CBC and CTV will have to compete on an equal footing with Sun News Network. One day the CBC won’t get the Sun’s entire annual TV budget — $20 million — in a single week. Seriously, do the math: with a billion dollars a year, the CBC burns through the Sun’s yearly expenses every seven days.

That’s a state broadcaster for you. And that’s why they have big government built right into their DNA: without big government and high taxes, they’d have to get real jobs.

[…]That’s my real beef with Canadian TV news today. Not that it’s liberal, which it generally is. But that it has such a dreary consensus. On everything from gun control to Omar Khadr to global warming, CTV and CBC are like Tweedledee and Tweedledum. There is the official, “acceptable” view that gets on the air, and everything and everyone else can go pound sand.

In this video, Ezra Levant explains his new show, and the vision of Sun News.

My understanding of Canadian news media from my Canadian friends is that all the mainstream media news channels ever talk about is how much taxpayer money to spend on various whiny special interest groups. They just talk and talk about stimulus spending, “equalization payments”, welfare, subsidies for green energy companies and so on. The political debates are big whining sessions where the progressive political parties complain that the other progressive parties aren’t spending enough money on the poor fill-in-the-blank group. The majority of the people vote for left-wing parties like the Liberals and the New Democrats and the Bloc Quebecois, because the majority of the people get an economically ignorant view preached to them by the news media. They have been taught by the media to choose policies based on 1) their feelings, 2) greed for their neighbor’s money and 3) international opinion, especially the UN. They can’t think for themselves, and they are accustomed to depending on government to give them handouts.

Sun News will compete against the ultra-liberal networks like CTV and government-owned CBC. Unlike CBC and CTV, the Sun News network will feature center and center-right perspectives on the news, and will cover issues that the mainstream news networks cannot touch. (Yes, in Canada every province has anti-free-speech censorship panels that go after pastors and Christian business owners who offend left-wing groups with their inconvenient free speech). There really isn’t any free speech in Canada, the whole country is run like a liberal university campus with speech codes, where the governing leftists collect taxpayer money that is then used to silence dissenting voices, like those of Ezra Levant and Mark Steyn. They really need some different points of view so that they can be more open-minded and tolerant. They just get offended too easily because they only know one way of thinking about the issues and they find disagreement offensive.

How progressive academics make a living in the racism industry

Better read this quick before it gets taken down. (H/T Blazing Cat Fur)

Excerpt:

It is well known that progressives have been able for decades now to exercise their control through domination of hiring committees and the imposition of politically correct speech codes designed to exterminate dissent. Dr. Li is not some isolated figure fighting for racial justice; he belongs to a department dedicated to teaching students to “think critically about the world around them” and “committed to link the aims of the discipline with the mission of the University of Saskatchewan”. Saskatchewan, like many universities in Canada, officially calls itself a “progressive university” committed to “employment equity” for women and visible minorities.

Of the 15 full-time faculty members teaching in Dr. Li’s department, eight are females, and three of the males, together with Dr. Li, are visible minorities of Asian origin. What is more, most of these members have research interests that touch on race, ethnicity, multiculturalism and social inequality. Among the many socialistic colleges, programs, and departments housed in Saskatchewan are: “Discrimination and Harassment Prevention,” “Family Medicine,” “Indian Teacher Education Program,” “Native Studies,” “Women’s and Gender Studies”.

A similar set of facts can be adduced for all the academics cited in this article. Jeffrey Reitz, who claims that white people tend to trivialize the experiences of minorities as unimportant, is director of ethnic and immigration studies at the University of Toronto, housed in a department in which the research and teaching areas are singularly left-oriented in character: “health and mental health,” “networks and community,” “gender and family,” “crime and socio-legal studies,” “immigration and ethnic relations,” “stratification, work, and labour markets.” Constance Backhouse, who wants universities to “take the lead” in dismantling the “mythology” that Canada is a “race-less” society, belongs to the faculty of law at the University of Ottawa, wherein the “Message from the Dean” states categorically and imperially that research and teaching are expected to be pursued “in a progressive atmosphere where issues of social justice are at the forefront of student and faculty concerns”.

This influence of progressives over our universities may explain why few of the specialists cite any solid evidence to substantiate their claims. Working within an audience of true believers, they have grown accustomed to soft-ball questions and easy endorsements. Pretty much all the “evidence” cited is anecdotal, based on “feelings”, and in no way the foundation for making a “systemic racism” allegation.

[…]The universities of Canada have worked like a gold mine for progressives. Many of the professors cited in the article have multiple research grants, contracts with government departments, awards for research and teaching, are fellows of the Royal Academy and, in at least one case, is a member of the Order of Canada. I could go on for pages citing their academic honours. University Affairs might have done its readers a greater service publishing an article entitled “The Racism Industry in Academia.”

One would think that after decades of widespread employment equity and the creation of entire departments and programs dedicated to the grievances and resentments of minorities and women, these academics would have some achievements to call for. Then again, why give up on what has been a most remunerative profession? Can these specialists do anything else? They don’t care much for Western high culture. Their research and teaching interests stand in direct opposition to the Greek discovery of rational argumentation, the Roman legacy in jurisprudence, the invention of polyphonic music in medieval France, the invention of linear perspective painting in Renaissance Italy, the invention of the novel in modern Europe, the calibration of uncertainty in Europe (1565-1657), the rise of Galilean and Newtonian science, and indeed the invention of Liberalism and Democracy.

What really matters for progressives is not equality of opportunity as a right but equality as a fact and equality as a result.

This is why I recommend that all subsidies from non-science/non-engineering areas of the university be CUT OFF – it’s too politicized right now, and they are just not interested in critical thinking and truth.