ARGUMENT. The parties will not cite exhaustive arbitral jurisprudence but will normally refer to Xxxxx & Xxxxxx or Xxxxxx for summary purposes.
ARGUMENT. (a) argument of the complaining Party;
ARGUMENT. Oral argument or briefs on a motion may be ordered by the As- sistant Administrator or the adminis- trative law judge.
ARGUMENT. I. THE STANDARD OF REVIEW This Court reviews the district court's granting of the preliminary injunction under an "abuse of discretion standard." XXXXXX X. PUBLIC EMPLOYEE RET. HEALTH SYS. OF OHIO, 160 F.3d 310, 312 (6th Cir. 1998). Such injunctions "will seldom be disturbed unless the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard. ID. (citing BLUE CROSS & BLUE SHIELD MUT. OF OHIO V. BLUE CROSS & BLUE SHIELD ASS'N, 110 F.3d 318, 322 (6th Cir. 1997)). Appellate courts afford district courts' decisions to grant preliminary injunctions "great deference," BLUE CROSS & BLUE SHIELD MUT. OF OHIO, 110 F.3d at 322, and "will reverse a district court's balancing of the equities only in the rarest of circumstances." XXXXXX, 160 F.3d at 313. As shown below, the district court properly granted SPG's motion for a preliminary injunction.
ARGUMENT. Xxxx Xxx (김 활) is a senior pastor of Twelve-Basket Xxxxx-Xxxx Church, an emerging activist and conservative advocate of the value of the early traditions of the Korean Church. In his sermon script, “The Bible and War,” Xxx interpreted ḥēremic war as an essential political and religious activity for people.137 About possible war against North Korea in the future, he delivered the interpretative message of םרח by saying, “When the North Korean Army invades South Korea by military force, do we just stay still? No. We must fight against them to defend our country that God is governing and to protect our freedom.”138 For this sermonic interpretation, he mentioned and used Deuteronomy 7:1–2 and 20:10–18. He claimed, Although we must seek peace and proclaim peace for the nation first (see Deut 20:10), military force and a systematic war strategy are essential for maintaining this peace. The best way for nations to protect their peacetime and independence is to support and develop the strongest and most defensive military force. The existence of the commandment of םרח implies the preparation for impeding war in our lives.139 Kim’s interpretation of םרח represents two significant aspects on behalf of the 2015. 137 Xxxx Xxx, “The Bible and War,” Knowing Christianity and the Bible Right, 7 September 138 Xxx, “The Bible and War,” 34–42. 139 Xxx, “The Bible and War,” 48–55. initial Korean reception history of םרח. First, Xxx admitted the necessity of actual warfare and military force using the texts and conquest narratives of םרח. He argued that because ḥēremic activity, and war itself, were essential components in its historical and biblical context, Christians in South Korea should be prepared for any kind of upcoming warfare and military conflicts.140 Second, using the theme of םרח, Xxx explicitly mentioned the supposed enemy, North Korea. Refuting the lesson of Xxxxx Xxxxxx, “But if anyone strikes you on the right cheek, turn the other also” (Matt 5:39), Xxx argues, “If the nations had sought their peace and security in the way the New Testament encouraged when the Korean War broke out, there would be no democracy, peace, and development in South Korea now.”141 Kim’s interpretation argues that Christians should support military warfare and suspect blind “pacifism.” For Xxx, the strong biblical foundation, which bolsters the necessity of power against our enemy, is the text of םרח. Although he did not mention that South Korea must conquer the North before the North ...
ARGUMENT. Sa-Moon Kang (강 사문) is a professor emeritus at Presbyterian Theological Seminary in Seoul, a first generation scholar of the Hebrew Bible, and a minister of the Korean Presbyterian Church. Recently, Kang extracted a lesson of tactical usages from the texts of םרח and the conquest narratives. In his article,143 “The Military Leader and Leadership in the Old Testament,” Kang emphasized Joshua’s tactical strategies: siege warfare, ambush, and surprise attack.144 His thesis is interesting: “Although the assistance of YHWH gives him a victory, Xxxxxx also showed us how to use tactical strategies under adverse geographical conditions.”145 Using the conquest narrative (Josh 6) based on םרח (cf., § IV. B. 1. 2.), Kang’s article broadly emphasizes the importance of military tactics to actual leaders of the Korean Army. Kang’s interpretation of the book of Xxxxxx as a tactical usage has two specific aspects: First, Kang focused on tactics and methods in war strategies in the conquest narratives, and extracted very pragmatic applications (e.g., siege warfare, ambush, and surprise attack) for actual military leaders to suggest efficient tactical lessons that the Bible supports. Second, Kang also connected the biblical war narrative to the actual war situation in the Korean peninsula. His frequent quote, “This method can be efficiently applied in today’s war,” reveals the clear purpose 143 Although “The Military Leader and Leadership in the Old Testament” was written in the form of a scholarly article, its contents were researched in order to provide exhortation to Christian military leaders who belong to the Military Evangelical/Theological Association of Korea. This article reveals a very distinctive understanding of םרח text. 144 Sa-Moon Kang, “The Military Leader and Leadership in the Old Testament,” Mission in Military and Youth 16 (2017): 126. 145 Kang, “The Military Leader and Leadership in the Old Testament,” 126. of his article.146 Explaining Joshua’s tactical strategies, Kang also mentioned the relationship between םרח in Xxxxxx 6:17 and war in today’s context in detail. Unlike Xxx, Kang’s interpretation of םרח included the information about a larger context of biblical literature, the meaning from the religious reformation in the era of Josiah, and its symbolic intention to maintain religious piety.147 Obviously, his point does not focus on conducting the exact םרח tradition in today’s context against a specific enemy, but only to follow the broad war strate...
ARGUMENT. The Xxx. Xxxx-Min Xxx is an associate pastor at Onnuri Church in Seoul. On May 8, 2011, Cho delivered his sermon titled, “Distinguish the Object of Battle.” The sermon scripture was Deuteronomy 20:10–20. This sermon was presented on the web journal published by Onnuri Church Association. Quoting verses 16b–17a, “You must not let anything that breathes remain alive…You shall annihilate (haḥă xxx xxxx̆ rîmēm) them.” Cho interpreted this passage by saying, “We must cut off some unnecessary factors in our lives. How do we receive God’s blessing unless we remove those unnecessary elements and situations?”164 Also, he added: It is time for the Onnuri Chruch to change. Although we have strived to achieve a clear vision of ministry and calling—Acts 29—from God for 25 years, there have been some unnecessary and superfluous elements within our ministry and church system—e.g., laziness, mammonism, conflicts, mannerism, and so on. From now 164 Jung-Min Cho, “Distinguish the Object of Battle,” The Onnuri Weekly, May 2011. Cho’s sermon—video and script—is also uploaded on the official website of Onnuri Church. See xxxx://xxxx.xxxxxx.xxx/the-word-and-prayer/cho. on, to achieve a new vision from God, Onnuri Church should “give up” and “destroy (םרח)” all of these, and solely focus on God and God’s vision.”165 Cho followed the overall structure of the prevalent symbolic interpretation of םרח regarding spiritual war in believers. While the usual object of spiritual war is considered to be within believers’ lives in a largely individual dimension—“the spiritual battles in one’s faith and souls”166—Cho’s “object of battle” points out church ministry compromised with greed and laziness.
ARGUMENT. 20 The only legal issue in this dispute is whether Universal is allowed to adopt an entire 21 interconnection agreement after xxxxxxxx from it terms that are “legitimately related” to other 22 terms in the Agreement. 23 24
ARGUMENT. 45 The parties seek clarifications of their respective rights and obligations. In essence, they differ in their characterizations of the facts and urge opposite results. Their arguments are summarized in the following manner. 46 The IFLRA avows that the absence of an accreditation under Section 43 of the Code and the absence of a joint or council of trade unions certification under Sections 20 or 41 means that neither the IFLRA Companies nor the IWA Locals can insist on an industry-wide, multi-party bargaining structure. However it also submits that a multi-party structure is established by past industry bar- gaining and that the requirement to bargain in good faith and make every reasonable effort to con- clude a collective agreement under the Code prohibits the IWA Locals from unilaterally altering the existing structure after meaningful bargaining is underway. The IFLRA alternatively submits that, even if Local 1-417 could alter the multi-party bargaining structure once meaningful bargaining was underway, it did not provide timely and proper notice of its intent to bargain separately with Slocan. It contends that the IWA Committee executed a Memorandum binding Local 1-417 and Slocan's Vavenby and Valemount operations.
ARGUMENT. I. HEIGHTENED SCRUTINY OF PUBLIC USE CLAIMS IN EMINENT DOMAIN CASES WILL BETTER MEET THE JUDICIAL RESPONSIBILITY TO PROTECT INDIVIDUAL LIBERTIES WHILE RESPECTING THE CONSTITUTIONAL PRE- ROGATIVES OF THE LEGISLATIVE BRANCH.
