It seems there are a number of discrete issues involved.
1. Can an arbitration agreement require that sharia be applied under a choice
of law provision -- it would seem so to me. Some seem to see entanglement.
2. Can an arbitration agreement require that arbitrators be knowledgeable
about
It seems difficult to find an equal protection violation if the Court is
merely enforcing the contract. It seems to me that a more likely
constitutional objection would be that the contract cannot be enforced
without running afoul of the neutral principles doctrine. Can a court make
a decision
...@lists.ucla.edu] On Behalf Of Nathan Oman
Sent: Monday, January 03, 2011 7:28 AM
To: Law Religion issues for Law Academics
Subject: Re: May American court appoint only Muslim arbitrators, pursuant to an
arbitration agreement?
It seems difficult to find an equal protection violation if the Court
Of Volokh, Eugene [vol...@law.ucla.edu]
Sent: Monday, January 03, 2011 11:46 AM
To: Law Religion issues for Law Academics
Subject: RE: May American court appoint only Muslim arbitrators, pursuant to
an arbitration agreement?
I agree with Nate’s neutral principles / entanglement
I use a contract clause to arbitrate using a Christian arbitration service. The
clause spells out the service much like one would specify AAA to arbitrate. The
clause does not give requirements for the arbitrators, just what organization
will arbitrate. The reasoning is that the Bible tells
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Nathan Oman
Sent: Monday, January 03, 2011 7:28 AM
To: Law Religion issues for Law Academics
Subject: Re: May American court appoint only Muslim arbitrators, pursuant to
an arbitration agreement?
It seems difficult to find an equal protection
of
judgments.
SAMUEL M. KRIEGER
-Original Message-
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of verizon
Sent: Monday, January 03, 2011 2:00 PM
To: Law Religion issues for Law Academics
Subject: Re: May American court appoint only Muslim
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Monday, January 03, 2011 02:33
To: Law Religion issues for Law Academics; Eric Rassbach
Subject: Re: May American court appoint only Muslim arbitrators,pursuant to
an arbitration agreement?
The court could apparently
Eugene, do you contend that knowledge of the Sharia is not a valid limitation
or only that being a Muslim is not?
On Jan 3, 2011, at 2:32 PM, Douglas Laycock wrote:
must know the Shari'a, commercial laws and the customs in force in the
Kingdom
--
Prof. Steven D. Jamar
I suspect that the contract also specifies that it is to be interpreted and
applied and enforced according to Sharia law of the Wahabi school and Saudi
Arabian law where the Sharia is not determinative.
While I am far more familiar with much of sharia law than most American lawyers
and
: Monday, January 03, 2011 02:33
To: Law Religion issues for Law Academics; Eric Rassbach
Subject: Re: May American court appoint only Muslim arbitrators,pursuant to
an arbitration agreement?
The court could apparently comply with the contract, and avoid all
entanglement iwth religion, by appointing
...@lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Monday, January 03, 2011 02:33
To: Law Religion issues for Law Academics; Eric Rassbach
Subject: Re: May American court appoint only Muslim arbitrators,pursuant to
an arbitration agreement?
The court could apparently comply with the contract
only Muslim arbitrators, pursuant to an
arbitration agreement?
Eugene, do you contend that knowledge of the Sharia is not a valid limitation
or only that being a Muslim is not?
On Jan 3, 2011, at 2:32 PM, Douglas Laycock wrote:
must know the Shari'a, commercial laws and the customs in force
...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Monday, January 03, 2011 02:33
To: Law Religion issues for Law Academics; Eric Rassbach
Subject: Re: May American court appoint only Muslim arbitrators,pursuant to
an arbitration agreement?
The court
: Re: May American court appoint only Muslim arbitrators, pursuant to
an arbitration agreement?
Is someone applying for a military chaplaincy required or expected to have
some religious qualification or membership in a religious order? Could a
nonbeliever who nonetheless has an extensive
, 2011 4:19 PM
To: Law Religion issues for Law Academics
Subject: RE: May American court appoint only Muslim arbitrators,
pursuant to an arbitration agreement?
My view is that being a Muslim is not a limitation on being an
arbitrator that a court may properly enforce
...@lists.ucla.edu] *On Behalf Of *Steven Jamar
*Sent:* Monday, January 03, 2011 12:38 PM
*To:* Law Religion issues for Law Academics
*Subject:* Re: May American court appoint only Muslim arbitrators,
pursuant to an arbitration agreement?
Eugene, do you contend that knowledge of the Sharia
Religion issues for Law Academics
Subject: RE: May American court appoint only Muslim arbitrators, pursuant to
an arbitration agreement?
What is the entanglement problem in Eugene's view if the Court is not being
asked to decide a religious question? If ARAMCO objected to the appointment
Eugene,
In your mind does the constitutional difficulty arise from the court choosing a
Muslim arbitrator under the contract or from the enforcement of a contract
involving religious terms?
The former; I don't see any inherent problem in enforcing the
results of a religious
PM
To: religionlaw@lists.ucla.edu
Subject: RE: May American court appoint only Muslim arbitrators, pursuant
to
an arbitration agreement?
I recognize this isn't an employment discrimination case, but is the
constitutional problem eased if the religion of the arbitrators could
be considered
I’m no great fan of the more expansive readings of Shelly.
But when a government actor is deciding who gets a particular (lucrative)
position based on that person’s religion, it seems to me that state action
is eminently present, or more specifically that the government actor is
Religion issues for Law Academics
Subject: Re: May American court appoint only Muslim arbitrators, pursuant
to
an arbitration agreement?
Is someone applying for a military chaplaincy required or expected to have
some religious qualification or membership in a religious order? Could
I wrote:
I'm no great fan of the more expansive readings of Shelly. But
when a government actor is deciding who gets a particular (lucrative) position
based on that person's religion, it seems to me that state action is eminently
present, or more specifically that the
It is helpful to remember that in the actual case the contract (at least
according to the Texas Ct. of Appeals) did not call the for a court to appoint
the arbitrator(s). As Steve Sanders pointed out, a properly drafted contract
would avoid the problem we are discussing by providing for private
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Monday, January 03, 2011 2:29 PM
To: Law Religion issues for Law Academics
Subject: RE: May American court appoint only Muslim arbitrators, pursuant to an
arbitration agreement
-boun...@lists.ucla.edu]
On Behalf Of Volokh, Eugene [vol...@law.ucla.edu]
Sent: Monday, January 03, 2011 5:04 PM
To: Law Religion issues for Law Academics
Subject: RE: May American court appoint only Muslim arbitrators,
pursuant to an arbitration agreement?
I think
on behalf of Steve Sanders
Sent: Mon 1/3/2011 6:27 PM
To: Law Religion issues for Law Academics
Cc: Law Religion issues for Law Academics
Subject: Re: May American court appoint only Muslim arbitrators,pursuant
to an arbitration agreement?
Is someone applying for a military chaplaincy
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