RE: May court decide whether religious arbitration procedures were followed

2011-03-22 Thread Volokh, Eugene
Not only was the headline misleading, but my subject line was grammatically appalling! I've tried to correct it; my apologies as to that. I agree that it sounds like the judge wasn't ordering the use of Islamic law in the first instance, but it sounds like the

RE: May court deciding whether religious arbitration followed

2011-03-22 Thread Douglas Laycock
If the parties agreed to it, it's just an arbitration clause. There is a vast body of arbitration before Jewish courts, and it doesn't generate headlines like this. And this does not sound like one of the arguably exceptional cases where individuals agree to religious law and it turns out to

RE: May court decide whether religious arbitration procedures were followed

2011-03-22 Thread Douglas Laycock
Serbian Eastern v. Milivojevich holds that civil courts cannot decide whether religious courts followed their own procedures. Removing a bishop is an especially sensitive context; these trustees may or may not be equally sensitive. Whether that matters depends on whether we treat religious

RE: May court decide whether religious arbitration procedures were followed

2011-03-22 Thread Helfand, Michael A
Dear All, First, thanks to Rick for passing this thread along to me and I'm pleased to have joined the listserv. I had a couple of initial reactions to the case: (1)If this were not an arbitration before a religious tribunal, then the court would be required to determine whether or not