Law Commons^™

Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Faculty Articles

The first section of this Article will outline the ways in which communities—religious and other groups, including the LGBTQ+ community—have used and continue to use private law to achieve meaningful dispute resolution. By diminishing the role of civil courts to review arbitrations, parties may tailor their resolutions to prioritize community values that may be misaligned with secular society. Outside of historical religious usage, private law offers a field ripe for jurisprudential growth. Through alternative dispute resolution, affinity-based minority groups can pave an avenue towards justice which accurately reflects the unique values of their lived experiences.

The second section will provide …

In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Pepperdine Dispute Resolution Law Journal

No abstract provided.

In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Faculty Articles

The recent article In God We Trust (Unless We Change Our Mind): How State of Mind Relates to Religious Arbitration ("In God We Trust") proposes that those who sign arbitration agreements that consent to a religious legal system as the basis of the rules of arbitration be allowed to back out of such agreements based on their constitutional right to free exercise. This article is a response and is divided into two sections. In the first section, we show that such an exemption would violate the Federal Arbitration Act's (FAA) basic rules preventing the states from heightened regulation of arbitration …

Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh

Pepperdine Dispute Resolution Law Journal

No abstract provided.

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 …