Abstract

http://ssrn.com/abstract=1773928
 
 

Footnotes (313)



 


 



Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders


Michael A. Helfand


Pepperdine University School of Law

November 15, 2011

New York University Law Review, Vol. 86, 2011
Pepperdine University Legal Studies Research Paper No. 2011/10

Abstract:     
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 with religious law. Indeed, with growing skepticism regarding the oppressive potential of religious majorities, critics have questioned whether religious arbitration has any place in a regime dedicated to individual liberties. By contrast, this Article contends that current arbitration doctrine can meet the challenges of the new multiculturalism. To do so, this Article makes two concrete policy recommendations: (1) courts should redefine the scope of enforceability of religious arbitration awards by limiting the application of the public policy exception to vacate religious arbitration awards and (2) courts should expand the application of unconscionability to void religious arbitration agreements.

Number of Pages in PDF File: 75

Keywords: Multiculturalism, Religion, Dispute Resolution, Arbitration, Sharia Law, Jewish Law

JEL Classification: K10, K40

Accepted Paper Series





Download This Paper

Date posted: March 6, 2011 ; Last revised: November 15, 2011

Suggested Citation

Helfand, Michael A., Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders (November 15, 2011). New York University Law Review, Vol. 86, 2011; Pepperdine University Legal Studies Research Paper No. 2011/10. Available at SSRN: http://ssrn.com/abstract=1773928

Contact Information

Michael A. Helfand (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,983
Downloads: 605
Download Rank: 23,826
Footnotes:  313

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds