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Post Info TOPIC: class action lawsuit (ironic, huh?)
educator

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class action lawsuit (ironic, huh?)
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Experts estimate that more than 10,000 class-action lawsuits are filed annually in state or federal courts. Generally, a case must meet four requirements to be certified as a class action:


  1. The number of people involved justifies bringing the suit as a group, or "class." Groups vary in size from 20 people to more than a million.
  2. The same misconduct or legal issue affects all class members.
  3. Claims made by the individuals chosen to represent the class within the lawsuit are "typical" of the other class members.
  4. Legal counsel can be retained to represent the class fairly without any conflicts of interest. Law firms often agree to work on a contingency basis, receiving a percentage of the settlement if they win, but bearing all costs and fees if they lose.
Once the court defines the class, everyone who fits the definition automatically becomes part of the lawsuit. In many cases, people affected by class-action lawsuits are contacted using records such as product registrations or customer lists. In other cases, advertising may be used to reach potential participants or announce a settlement.


Class-action lawsuits often reflect larger issues, such as concerns about the ethics of executives who control publicly held corporations. Disgruntled shareholders gained the right to challenge corporate management with the Federal Securities Litigation Reform Act of 1995. Generally, cases dealing with financial irregularities have the greatest chance of success.



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educator

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it's a thought.

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Invictus

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For the past 15-20 years, I've thought that doctoral graduates of USM might have a legitimate class action. They are told (implicitly & explicitly) that their degree can get them a faculty position at any university.

But USM has an unwritten & variably enforced policy of not hiring its own graduates. So in truth, a relatively minor regional university routinely refuses to consider USM graduates in its applicant pool.

I would think that if USM loses NCATE accreditation, any upper division undergraduates in education might have a class, too, particularly if accreditation is lost for "administrative" reasons rather than "student performance."

But someone will have to check the Mississippi Code about the feasibility of a class action against a public institution. For a long time, universities enjoyed "sovereign immunity," but I think that's been killed...

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present professor

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quote:





Originally posted by: Invictus
" . . .But USM has an unwritten & variably enforced policy of not hiring its own graduates. So in truth, a relatively minor regional university routinely refuses to consider USM graduates in its applicant pool. I would think that if USM loses NCATE accreditation, any upper division undergraduates in education might have a class, too, particularly if accreditation is lost for "administrative" reasons rather than "student performance." But someone will have to check the Mississippi Code about the feasibility of a class action against a public institution. For a long time, universities enjoyed "sovereign immunity," but I think that's been killed..."


This isn't an unusual policy for many universities: if you think about it, the reasons for making it a policy are pretty sound and have nothing to do with statements of quality vis a vis graduates






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Invictus

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quote:
Originally posted by: present professor

"This isn't an unusual policy for many universities: if you think about it, the reasons for making it a policy are pretty sound and have nothing to do with statements of quality vis a vis graduates"


Of course, it's an understandable policy. IIRC, it came about at USM as a result of a SACS self-study in the late '60s or early '70s. It used to be called the "inbreeding" rule.

I guess I should have italicized the "variably enforced" part of my original post. When one department does hire its own grads & another doesn't, that's when there's a problem. The other issue is that it is not publicized anywhere.

As far as "inbreeding" goes, it's not much different for USM & Akron to swap out their polymer science grad students. Of course, if one doesn't go to USM or Akron, it's almost impossible to earn a PhD in polymer science anyway


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educator

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So esteemed colleagues, where do we go from here (a nod to GNR)

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present profesor

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quote:

Originally posted by: educator

"So esteemed colleagues, where do we go from here (a nod to GNR)"


Good question -- I'm open here. I think this is something we should kick around but we will need to cite some very hard evidence and also decide exactly what such a move would have as its objective (assuming the SFT goes soon -- if not the objective is clear).


Invictus -- I believe I did misunderstand your point. Sorry about that. You are absolutely correct about the variably enforced policy. I should have caught that.


 


 



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