Value persuasive speech questions the morality of an issue, whether it is right or wrong. Factual persuasive speech is a question of fact, whether or not something exists or does not exist.
Walmart vs dukes essay
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The women sued Wal-Mart and sought to file a class action represented by a small group of women who sued the company. This resulted in an extremely large nationwide class action. Thus the crux of the case became "whether the women are similar enough to be certified as a class. Major legal question: Are the women suing Wal-Mart similar enough to be certified as a class under the federal rules?
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Wal-Mart's response : The class is too big for the women to all have similar enough claims and it should be the burden of each woman to show otherwise Women's response : They all work at different stores but they all face similar discrimination, i. Court's response Scalia : This class is not consistent with Federal Rule 23 a. It is the burden of the party seeking certification to prove the class has a common question of law or fact. This requires more evidence than the anecdotal and statistical evidence provided by the women.
Under the commonality rule for class actions Rule 23 a 2 , a plaintiff is required to show that there are questions of law or fact common to the class. As the crux of the inquiry overlaps with the Title VII claim, the social science evidence would also have to illustrate a common reason for a particular employment decision.
See Wal-Mart Stores, Inc. Dukes , S. Federal Reserve Bank of Richmond , S. To overcome this conceptual gap, the social science could illustrate either one of two circumstances exists.
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The first is that the employer used a biased testing procedure to evaluate both applicants for employment and incumbent employees. Consequently, a class action on behalf of every employee who might have been prejudiced by the test would clearly satisfy the Rule 23 a requirements. The second scenario is that the social science reveals " significant proof " that Wal-Mart " operated under a general policy of discrimination. Falcon , U. To do so, Bielby presents the court with social framework testimony about social cognition and bias. Instead the expert testimony reveals that Wal-Mart has a policy of allowing local managers discretion over employment decisions.
In some cases, this results in gendered policies but the testimony does not indicate that this is company-wide.
This is where the merits of the evidence falter. The goal of using social framework testimony is to help assist the jury in deciding the specific factual issues being litigated. Ideally, social frameworks clarify rather than confuse the issues to be decided at trial. Further, social frameworks often 1 tell jurors something they do not already know, or 2 disabuse jurors of common but erroneous perceptions. To compile the information for this qualitative test, Bielby reviewed the deposition testimony of Wal-Mart managers responsible for creating and implementing the company's personnel policies, as well as the testimony of managers who made compensation and hiring decisions.
Bielby also compiled charts and deposition exhibits along with an expert report from Dr.