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The Final Frontier: Are Class Action Waivers in Broker-Dealer Employment Agreements Enforceable?
Get PDFHow would a court resolve a broker-dealer\u27s action to enforce its class action waiver, which would require the court to disregard FINRA Rule 13204? The Supreme Court has identified one exception to the FAA\u27s mandate: if a “contrary congressional command” displaces the FAA. Thus far, the Court has not had occasion to examine whether a class action waiver in a broker-dealer\u27s employment agreement with an employee is enforceable under this exception. While the Court seems very supportive of these waivers, the securities industry is different. Securities arbitration is heavily regulated, and pronouncements by the SEC--when exercising power expressly delegated to it by Congress--make it clear that class actions in court should be preserved for both investors and broker-dealer employees.
This article analyzes this issue and concludes that these class waivers are not enforceable. Part II details the regulatory framework in the securities industry relevant to this issue. Part III explains why FINRA, as a forum, does not accept class actions and why the SEC believes court-filed class actions should be preserved for employees of broker-dealers. Part IV describes the framework the Supreme Court directs courts to use when analyzing alleged conflicts between two Congressional Acts. Part V argues that FINRA\u27s Rule 13204 barring FINRA member firms from forcing employees to waive their right to pursue class action claims in court conflicts with and supersedes the FAA\u27s general pronouncement to enforce arbitration agreements as written. Part VI concludes
Women\u27s Self-Objectification During Pregnancy and Post-Partum, and Its Impact on Maternal Mental Health
No full textFredrickson and Roberts\u27 (1997) Objectification Theory suggests that women are viewed in society as objects whose worth is based on appearance, and that in turn women learn to self-objectify. Research on non-pregnant individuals indicates that engagement in self-objectification is related to negative mental health outcomes. Pregnancy was previously thought of as a time in which women were freed from societal pressures to self-objectify and able to focus on the function of their body rather than its appearance. However, with the recent sexualization of the pregnant body and the emergence of a pregnant beauty ideal in the media, research suggests that women now may continue to sexually self-objectify when pregnant and recently postpartum. The goal of this study was to explore experiences and mental health consequences of self-objectification in pregnancy compared to before and after pregnancy, as well as protective factors. Specifically, this study investigated the degree to which never pregnant, currently pregnant, and recently postpartum women self-objectify; the mental health consequences of self-objectification (i.e., depressive symptoms, self-esteem, and stress); whether self-objectification mediates the association between social media use and mental health outcomes; whether social support moderates associations among social media use, self-objectification, and mental health; and potential differences in self-objectification by age and racial/ethnic identity. Consistent with hypotheses, results suggest that women continue to self-objectify during pregnancy and postpartum, social media use and social support are associated with engagement in self-objectification, and social support buffers against adverse mental health outcomes associated with self-objectification. This study contributes quantitative data to the growing literature on self-objectification in pregnancy and postpartum, and the findings have implications for the development of interventions to support body image and overall well-being for never pregnant, pregnant, and postpartum women. Keywords: motherhood, objectification, post-partum, pregnancy, self-objectification, social media, social support, wome
Australia’s Tobacco Plain Packaging Law: An Analysis of the TRIPS Article 20 Challenge at the WTO
Get PDFAustralia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material. No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity. These measures recently withstood a contentious dispute settlement request submitted on multiple grounds by four World Trade Organization (WTO) Member countries. What does the WTO’s Panel Report in this case tell us about the extent to which a country can take measures to advance its public health initiatives without violating obligations under Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)? What is the legal test for deciding this? To what extent can WTO Members undertake broad policy initiatives with the objective of protecting public health? Could WTO Members carry out these initiatives even when the consequence is far-reaching diminishment of branding and economic value of other Members’ trademark rights? Could the WTO Panel’s findings in this case embolden countries to take similar action with other consumer products medically proven to cause harm
Fintech Regulations in the United States Compared to Regulations in Europe and Asia
Get PDFFintech, or financial technology, is an up and coming industry and yet at the same time has been around since the 1950s. In Europe and Asia, there has been a lot of innovation, and lawmakers have been forced to keep up with regulating the rapidly growing industry. However, the United States has not risen to the occasion of properly regulating this industry and can learn from countries in Europe and Asia on how to effectively regulate fintech. This essay explains generally what fintech is, why it must be properly regulated, how countries in Europe and Asia regulate it, and how the US should begin to implement their own regulations. Fintech is already a lucrative business that will just continue to spread and grow. However, without the proper regulation, it could become a hazard that affects many different people, but with the proper regulations, it can become a very helpful and profitable tool. Using the method of comparative analysis, the objective of this thesis is to make a recommendation for how the United States can begin regulating fintech
Girls, Race, and Representation
No full textOn this panel, we will discuss racial identity and representation in girls’ cultural, social, and political lives. Based on an intersectional feminist approach, we examine the racial landscape of girlhood studies drawing attention the possibilities for social justice when seen through the lives of American girls. Professor Emilie Zaslow will share her work on racial representation in the American Girl doll collection. Professor Elodie Silberstein will present on the evolution of Black femininity in Barbie dolls. Professor Emily Bent will present on the roles of race, ethnicity, age, and gender play in girl-activist politics from March for Our Lives, specifically thinking about Emma González, Edna Chavez, and Naomi Wadler as the new public face of the feminist movement
How Clean Is Clean?: An Analysis on the Difference between the Affordable Clean Energy Rule and the Clean Power Plan and Why States Should Adhere to Stricter Emissions Standards
Get PDFDistributed Decentralized Microservice Development: a Distributed Model for a Decentralized System
No full textMicroservice is a distinct architecture that exhibits a high degree of independence regarding the decentralization of development, operation, and teamwork. Decentralization is where different teams, processes, and procedures that are fragmented to promote quick, agile development. Many companies and development groups are moving away from building sizeable monolithic software projects and using the agility of microservices to decouple services and deliver fast solutions. Even with the advantages of fast, agile deployment and the decoupling extensive monolithic services, microservices architecture encompasses more than the decomposition of applications. If the organization and cultural impacts are not addressed initially and continually, the output of a microservices build may not match the desired goal. This dissertation analyzes the need for sharing or distribution of team structures, standardizations, and governance within a microservice development project. The study shows, with the addition of tools and or models utilized anywhere within a development System Development Lifecycle (SDLC) process, decentralized teams are more prepared to mitigate risks and distribute findings and governance between the teams. Last, the study shows, with the additions of models and tools, used by the microservice decentralized development teams, that they are more comfortable gathering data to help streamline their development process, making for a stronger cohesive build