Discussion Assignment Instructions
replies of at least 100 words each to 2 classmates’ threads. Each thread and each reply must reference at least 2 scholarly sources other than the course textbook, cited in current APA format (including both in-text citations and a reference list). You must also support each thread and reply with thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts) and biblical worldview integration throughout.
For each reply, read the threads posted by your classmates and reply to a thread that presented a different conclusion than your thread. Note that comments such as “I like what you said,” “that is a good comment,” and “I disagree with your comment” do not constitute complete replies. Rather, state reasons that support your conclusions with additional and/or alternate research/ideas/thoughts.
threads attached.
Suggested Readings:
Szto, M. C. (2001). Lawyers as hired doves: Lessons from the Sermon on the Mount. Cumberland Law Review, 31, 27-46.
Proverbs 17:14, 20:3, 25:8–10; Matthew 5:25–26, 38–42; Matthew 18:15-17; 1 Corinthians 6:1–8 (For these passages, you should consult some trusted exegetical commentaries, many of which may be found on www.ccel.org.)
Lawsuit
What is a “scorched-earth” litigator? Ron Sokol in the Daily Breeze describes it as”
litigation tactics named after Gen. Sherman’s infamous military campaign…. A
conduct whose goal is to wear down the other side, create excessive amounts of
work, and act relentless.” Websters dictionary defines it as “Widespread
destruction…. and directed towards victory or supremacy at all costs.” Typically,
judges do not like lawyers that practice a scorched-earth policy and like them to
“conduct themselves with dignity, courtesy, and integrity.” (Rule 9.4 CA)
Would I urge my friend to use a scorched-earth litigator to sue his professors? No, I
would not. I do not believe that using those kinds of tactics would make him feel
good as a human or a Christian. However, I would urge my friend to file a lawsuit
against the professors. When entering college, a student agrees to multiple
plagiarism policies, agreeing not to use others work as their own. So why should it be
fair that a professor could steal the hard work of a student and use it as their own?
My friend put time and energy into coming up with his idea and even wrote a
research paper about it, so in return I think he deserves justice. He obviously had a
great idea, because it was good enough for the professors to steal it and start up a
company with it. I would think that with timing of his class and the dates on his
research paper, there should be enough proof for him to be able to get his idea back
and be able to patent his ideas. There is always the possibility of the professors
arguing that my friend wouldn’t have been able to turn his idea into an actual
business. At that point maybe there could be some sort of reasoning between the
two parties.
1 Thessalonians 5:15 “Make sure that nobody pays back wrong for wrong, but always
strive to do what is good for each other and for everyone else” Frederick did nothing wrong
and should not feel any guilt about seeking justice. I do not believe that it would be going
against his faith to pursue legal action. If he does so in an honest and just way. What the
professors did was wrong, and they should have to at the very least give him his idea back.
Reply: 100 words
There are multiple courses of action that Frederick can take in his situation. While many lawyers
would probably agree with the “scorched-earth” litigator that Frederick should sue the professors
for stealing his idea, this may not always be the best (or most Biblically-based)
option. Hypothetically speaking, if Frederick were to file a lawsuit, he would most likely be awarded
to make up for stolen intellectual property and the success that his stolen idea has brought to his
professor’s business. This seems like the ideal scenario, because Frederick’s idea is rightfully
returned to him and the professors are punished for stealing from him. However, we know that the
law of our Earthly world and the teachings of the Bible differ in opinion on how to handle a situation
as this. “An eye for an eye” is a saying we still use today to justify wronging someone who has
wronged us because it seems fair that way. Jesus tells us in the Sermon on the Mount that what is
fair is not always right in the eyes of the Lord. Matthew 5:39 says, “Do not resist one who is evil. But
if any one strikes you on the right cheek, turn to him the other also”. If Frederick felt inclined to
preserve his relationship with his professors, be the bigger person, and still regain ownership of his
original idea, he could consider a method of alternative dispute resolution in his situation over a
lawsuit. Mediation would be an alternative resolution for Frederick in which he could sit down with
his professors and a neutral third-party to discuss their situation and hopefully come to a peaceful
resolution that makes everyone happy. Frederick would be making a mature, Biblically-based
decision to choose mediation with his professors rather than suing them and could potentially heal
his broken relationship with the people he trusted.
Reply: 100 words