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Arbitration

Fordham Urban Law Journal

Religion Law

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The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried Jan 2004

The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried

Fordham Urban Law Journal

This Comment analyzes the interaction between secular courts and beth din proceedings (arbitration panels made up of specialists in halacha, or Jewish law). Part I examines the reasons why an independent Jewish religious court system is required and utilized despite the existence of a fair and equitable secular court system. It describes the Jewish legal principles involved, and how they impact both Jewish litigants and lawyers. Part II describes the mechanics of transforming a religious tribunal into a legally binding arbitration panel in New York State. Part III discusses the limited grounds upon which a beth din award may be …