Publicizing Faith or Privatizing Law? Researching Religious Arbitration and Private Dispute Settlement (D6)

Date/Time: Monday, July 16, 2018: 10:00 AM – 11:00 AM
Speakers: Marylin Raisch, Georgetown Law; Samuel J. Levine, Touro College Jacob D. Fuchsberg Law Center; David Hollander, Princeton University Library; Issam M. Saliba, Law Library of Congress; Sharon Tai, Islamic Legal Studies Program (ILSP), Harvard Law School

Amid new controversies sparked by “fake news,” sometimes there is simply misunderstanding regarding the role of religious law in the United States (most commonly Islamic law and the term “Sharia law”). Participants will learn that religious courts exist alongside, rather than within, the jurisdiction of courts in the United States and most of the world. Seeing these tribunals situated within a taxonomy of rule of law institutions, but not necessarily having autonomous powers of enforcement without consent, may enlighten researchers and civil servants alike.

This topical research roundtable will describe the context for religious tribunals in the United States and clarify the role of the United States and other world courts in enforcing contractual agreements to arbitrate. In addition, the rise of private dispute settlement organizations, such as those for Christian conciliation, and the long-standing role of prenuptial agreements for Jewish divorce, provide an illuminating challenge for individuals who document or discover evidence in litigation, honing specific skills.

Access the recording

BoK Research + Analysis Icon BoK Teaching + Training Icon