Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Religion Law
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde
Chicago-Kent Law Review
This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand
Chicago-Kent Law Review
This Article explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules, but treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards from judicial scrutiny even on procedural grounds, leaving courts …