Wouldn't that depend on whether "consider" and "look to" mean something broader
than "apply"?
And if one party challenged enforcement of the arbitration clause as
unconscionable or involuntary based on the use of religious law, would deciding
that question require a court to "consider" religious law?
________________________________________
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
On Behalf Of Volokh, Eugene [vol...@law.ucla.edu]
Sent: Thursday, November 11, 2010 12:14 PM
To: Law & Religion issues for Law Academics
Subject: RE: TRO against Oklahoma "no use of Sharia Law"
But would the amendment actually apply to judicial enforcement of
religious arbitrations -- or arbitrations under the law of foreign countries --
so long as the court itself was only applying secular American law and not
religious or foreign law?
Eugene
> -----Original Message-----
> From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-
> boun...@lists.ucla.edu] On Behalf Of Eric Rassbach
> Sent: Thursday, November 11, 2010 9:05 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: TRO against Oklahoma "no use of Sharia Law"
>
> In the video Prof. Helfand is apparently quoting, Rep. Duncan refers to
> religious arbitration immediately before he says the quoted language:
>
> http://prawfsblawg.blogs.com/prawfsblawg/2010/11/religious-arbitration-
> and-the-new-multiculturalism.html
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