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Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland
Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland
Pepperdine Dispute Resolution Law Journal
This paper will examine the ways in which a lack of an established substantive law within the Christian faith tradition affects the Christian arbitration process and explore the possible means to address these issues. It will outline the history and functions of Christian tribunals, highlighting the unique space within the justice system that these special tribunals fill. Next, it will discuss the differences between the application of law in tribunals of other religious faith traditions and the application of law in Christian arbitration. This paper will demonstrate how a lack of concrete and applicable law creates issues in the enforceability …
In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy
In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy
Pepperdine Dispute Resolution Law Journal
Arguably, binding religious arbitration agreements are constitutionally problematic because they hinder freedom of religion: They inhibit parties’ ability to change their beliefs. However, religious arbitration agreements also offer an outlet for the religiously inclined to further practice their beliefs. This Article offers a middle ground: If a party to a religious arbitration agreement changes religion, he or she can claim a “conscientious objector” status if he or she can prove the agreement violates his or her sincerely held religious beliefs. Courts are allowed to inquire into the sincerity of a person’s religious beliefs. The religious question doctrine — which restricts …