5 research outputs found

    Customary International Law Acts As Federal Common Law in U.S. Courts

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    This Note discusses how international common law should act as federal common law in U.S. courts. This Note also explores the constitutional challenges involved in incorporating customary international law into U.S. federal common law. Such challenges revolve around the institutions of representative democracy, federal jurisdiction, and the doctrine of separation of powers. Part I of this Note discusses federal common law and customary international law. Part II of this Note presents the negative and positive effects of incorporating customary international law into federal common law. This Note concludes that to preserve national honor among the community of nations, and to protect U.S. citizens from powerful national and international factions, the U.S. federal courts must continue their incorporation of customary international law as a part of federal common law. As in the days of Jonathan Smith, customary international law is the answer to reprehensible oppression

    Religious Dimensions of Mediation

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    This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation

    Religious Dimensions of Mediation

    Get PDF
    This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation

    Vocation As Curse

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    This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer called to take up such a vocation. A vocation is not simply the application of one\u27s religious belieft to the practice of law; rather, it is a burning fire in a lawyer\u27s soul which the lawyer cannot contain. Thus, a lawyer\u27s vocation becomes an overwhelming priority. Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a discussion of the Hebrew word, dabar. Part II discusses the two skills which lawyers uniquely posses to help them understand the Word of God which any person with a vocation must realize: (1) the ability to use and interpret words and (2) the ability to analyze the world around them. Part III employs the biblical example of Jonah to illustrate that the practice of law as a vocation is a deeply personal and religious event that could be good for God, the common good and public discourse, but not for the individual lawyer. Finally, this Essay concludes that while society indeed reaps the benefits of a lawyer\u27s vocational skills, the very possession of such skills can, at the same time, cause internal distress
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