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Full-Text Articles in Law
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Michael A Helfand
This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …
Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand
Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand
Michael A Helfand
Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …
Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand
Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand
Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand
Michael A Helfand
No abstract provided.
Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand
Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand
Michael A Helfand
No abstract provided.
Confirming Piskei Din In Secular Court, Michael Helfand
Confirming Piskei Din In Secular Court, Michael Helfand
Michael A Helfand
No abstract provided.