Class Actions, Usufructuary Rights, and The Federal Arbitration Act and Agreement

Business law
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Critical legal thinking- AT&T Mobility LLC v. Concepcion and class action waivers
The class action waivers relate to clauses in a contract that prevent a party or both of them lodging class action lawsuit. Class actions occur when many people lodge a case in a court of law against another person. For employers, the arbitration clauses require the claimants to waive rights is practical, since the arbitration process is straight forward. However, the employees should not be compelled to sign the arbitration agreements. Employers should not withhold information regarding arbitration clauses, and when the employee is involved in the choice of the arbitrator then they are better placed to negotiate. Hence, the arbitration clauses are consistent with ethical practices so long as there is disclosure of information including remedies available, the costs of arbitration and the right to attorney representation (Nolo.com, n.d.). The class action waiver clauses in arbitration agreements are more beneficial to employers since this is a tool to limit the chances of class action lawsuits. The employers also find the arbitration process more straightforward and there is less risk that they would get punitive damages unlike juries which tend to sympathize with employees.
Law case with answers- Read Minnesota v. Mille Lacs Band of Chippewa Indians
The plaintiffs lodged a case to have the usufructuary rights to use the land where the Indians received as originally envisioned in an 1837 treaty. The Chippewa Indians ceded land, and they were guaranteed rights to the land, but this was revoked under an Executive Order in 1858. In a case pitting the Chippewa Indian Lile Lcas Band against the state of Minnesota and the U.S, the court held that the Indians reserved usufructuary rights to the land, and this was upheld by the upper court. The Treaty Rights of the Ojibwe Native Americans should stand to protect the right of the Native Americans who have struggled to hunt, and fish on the ceded territories and maintain their lifestyles (Ross, 2014).
Critical legal thinking case-...