But doesn't the one side's choice characterization assume the
conclusion that people's long-term contracts to engage in religious
arbitration shouldn't count as a choice? As Cohen v. Cowles Media makes
clear, one can waive free speech rights, and I take it this can also be
done some time in
New Scotland Avenue
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--- On Fri, 11/21/08, Douglas Laycock [EMAIL PROTECTED] wrote:
From: Douglas Laycock [EMAIL PROTECTED]
Subject: Re: Can religious and secular courts exist in the same nation
of agreements exist?
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Friday, November 21, 2008 7:55 AM
To: Law Religion issues for Law Academics
Subject: RE: Can religious and secular courts exist in the same nation?
But doesn't the one side's choice characterization
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Eric Rassbach
Sent: Friday, November 21, 2008 6:54 AM
To: Law Religion issues for Law Academics
Subject: RE: Can religious and secular courts exist in the same
nation
Here is a possible example that supports Doug`s position. There was a case in
Illinois some years ago in which a Jewish couple married at an Orthodox
synagogue (where the wife`s father attended) but niether was orthodox. The
wife then became orthodox and the changing religious values led to
.
Jim Maule
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman
Sent: Thursday, November 20, 2008 9:27 AM
To: religionlaw@lists.ucla.edu; [EMAIL PROTECTED]
Subject: RE: Can religious and secular courts exist in the same nation?
Here is a possible
This is an interesting wrinkle, but I don't see how submitting to the
religious courts for the adjudication of a particular dispute constitutes
the prevention of conversion. If A and B, being both citizens and residents
of France, enter into a contract with an arbitration clause that applies
In a message dated 11/19/08 2:38:57 PM, [EMAIL PROTECTED] writes:
... This is not a problem if both parties agree, after the dispute has
arisen, to go to the religious court, and if both parties abide by the
judgment.
That is just a mechanism for voluntary dispute resolution; the
I have gradually come round to the view that state recognition of marriages
performed by religious authority is problematic too, but not for the same
reasons as divorce. The marriage is consensual, and the choice of who is to
perform the marriage is consensual; neither spouse is being coerced
An interesting piece in today's NY Times.
_http://www.nytimes.com/2008/11/19/world/europe/19shariah.html_
(http://www.nytimes.com/2008/11/19/world/europe/19shariah.html) ?
Bobby
Robert Justin Lipkin
Distinguished Professor of Law
Widener University School of Law
Delaware
Ratio Juris
,
Can religious secular courts exist in the same nation? Excellent question the
answer to which is:
Matthew 6:24
24 No man can serve two masters: for either he will hate the one, and love
the other; or else he will hold to the one, and despise the other. Ye cannot
serve God and mammon
or Luke (or Mark or John, for that matter)
have to say on the matters quoted below have to do with the subject.
Vance
On Wed, Nov 19, 2008 at 9:37 AM, JOHN LOFTON [EMAIL PROTECTED] wrote:
Can religious secular courts exist in the same nation? Excellent question
the answer to which
some things are out of bounds -- divorce for example -- but it seems short
of that, most things could be handled as analogous to arbitration,
mediation, or negotiated settlement, i.e., contractual.
--
Prof. Steven Jamar
Howard University School of Law
Associate Director, Institute of
at
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=199608
Subject: RE: Can religious and secular courts exist in the same nation?
Date: Wed, 19 Nov 2008 10:38:53 -0800
From: [EMAIL PROTECTED]
To: religionlaw@lists.ucla.edu
I'm inclined to say that this is
exactly right. In fact
This argument that voluntary submission to religious courts is like voluntary
submission to arbitration has a lot of force. And it can be carried a step
further: arguably it discrimiantes against religion if agreements to secular
arbitration are enforceable and agreements to religious
Sent: Wednesday, November 19, 2008 7:37 PM
Subject: RE: Can religious and secular courts exist in the same nation?
This argument that voluntary submission to religious courts is like voluntary
submission to arbitration has a lot of force. And it can be carried a step
further: arguably
?
David
David E. Guinn, JD, PhD
Recent Publications Available from SSRN at
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=199608
From: [EMAIL PROTECTED]
To: religionlaw@lists.ucla.edu
Subject: Re: Can religious and secular courts exist in the same nation?
Date: Wed, 19 Nov 2008 20
To: religionlaw@lists.ucla.edu
Subject: RE: Can religious and secular courts exist in the same
nation?
This argument that voluntary submission to religious courts is
like voluntary submission to arbitration has a lot of force. And it can
be carried a step further
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