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Old 11-08-10, 09:05 PM   #1
Platapus
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Nothing to see here folks. No conspiracy.


The Federal Arbitration Act of 1925 9 U.S. C. establishes the right of citizens to voluntarily, in specific civil cases, to mutually agree to arbitration based on their cultural laws.

Two of the more common are Islamic Sharia and Jewish Halakha Arbitration Courts which have been operating just fine since 1925.

The proposed OK law will be a hard case to put before the United States Supreme Court. There have been several Supreme Court cases that have upheld the FAA.

The key concepts of the FAA are:

1. That such arbitration is voluntary
2. All parties must specifically agree to FAA type arbitration when entering into the contract.
3. Only specific civil cases can be arbitrated. No Criminal Law cases
4. The Federal Government and the States have criteria and authority to negate any arbitration if it is found that the arbitration is in violation of Federal and/or State regulations.
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Old 11-08-10, 09:10 PM   #2
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Quote:
Originally Posted by Platapus View Post
Nothing to see here folks. No conspiracy.


The Federal Arbitration Act of 1925 9 U.S. C. establishes the right of citizens to voluntarily, in specific civil cases, to mutually agree to arbitration based on their cultural laws.

Two of the more common are Islamic Sharia and Jewish Halakha Arbitration Courts which have been operating just fine since 1925.

The proposed OK law will be a hard case to put before the United States Supreme Court. There have been several Supreme Court cases that have upheld the FAA.

The key concepts of the FAA are:

1. That such arbitration is voluntary
2. All parties must specifically agree to FAA type arbitration when entering into the contract.
3. Only specific civil cases can be arbitrated. No Criminal Law cases
4. The Federal Government and the States have criteria and authority to negate any arbitration if it is found that the arbitration is in violation of Federal and/or State regulations.
Indeed. And what social harm do you see from muslims being allowed to arbiter their own civil cases? Especially those that concern religiously-grounded practices like marriage/divorce etc. in the first place, which afaik is what religious arbitration is most typically used for.

I'd be horrified if it applied to criminal cases, but there's really no reason not to allow this for civil cases, lest you're willing to surrender religious freedom as such in favour of defending against Islam. That's something you'll just have to make a choice in...
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Old 11-08-10, 09:38 PM   #3
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Especially those that concern religiously-grounded practices like marriage/divorce etc. in the first place, which afaik is what religious arbitration is most typically used for.
That is correct. As marriage under Sharia law can be complicated, the property cases are equally complicated and would be difficult to adjudicate fairly under US law.
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Old 11-08-10, 10:29 PM   #4
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Aaaaand, it's a temporary restraining order, not an overturning. If this judge tries to overturn it, they can appeal it all the way to the top. Who knows what the next court up will say, or the next?

I think Platapus gave the reasonable opinion on this.
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Old 11-09-10, 03:48 AM   #5
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The Federal Arbitration Act of 1925 9 U.S. C. establishes the right of citizens to voluntarily, in specific civil cases, to mutually agree to arbitration based on their cultural laws.
So this story is just the same as the Daily Mail stories about the new really scary laws which might come into Britain that they have to stop for the preservation of the state.....even though they are talking of laws that were established in Britain in the 1800s.
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Old 11-09-10, 01:53 PM   #6
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No religion should have it's own court system, sorry.The only court systems should be the Federal and State as established.Just outright appauling the bleeding hearts who let this crap happen in the name of "tolerance"

Sharia has NO place in America, if these people want Sharia Law, then they need to go to a Islamic country where Sharia is the norm.They need to assimilate to us, not the other way around.We must get this scurge under control before we end up like the UK.
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Old 11-09-10, 02:07 PM   #7
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No religion should have it's own court system, sorry.The only court systems should be the Federal and State as established.Just outright appauling the bleeding hearts who let this crap happen in the name of "tolerance"

Sharia has NO place in America, if these people want Sharia Law, then they need to go to a Islamic country where Sharia is the norm.They need to assimilate to us, not the other way around.We must get this scurge under control before we end up like the UK.
You need to reread this thread.
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Old 11-08-10, 09:19 PM   #8
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Quote:
Originally Posted by Platapus View Post
Nothing to see here folks. No conspiracy.


The Federal Arbitration Act of 1925 9 U.S. C. establishes the right of citizens to voluntarily, in specific civil cases, to mutually agree to arbitration based on their cultural laws.

Two of the more common are Islamic Sharia and Jewish Halakha Arbitration Courts which have been operating just fine since 1925.

The proposed OK law will be a hard case to put before the United States Supreme Court. There have been several Supreme Court cases that have upheld the FAA.

The key concepts of the FAA are:

1. That such arbitration is voluntary
2. All parties must specifically agree to FAA type arbitration when entering into the contract.
3. Only specific civil cases can be arbitrated. No Criminal Law cases
4. The Federal Government and the States have criteria and authority to negate any arbitration if it is found that the arbitration is in violation of Federal and/or State regulations.

Thank you for sharing this. Have some reading to do as I hadn't heard of this
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Old 11-10-10, 10:49 PM   #9
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Quote:
Originally Posted by Platapus View Post
Nothing to see here folks. No conspiracy.


The Federal Arbitration Act of 1925 9 U.S. C. establishes the right of citizens to voluntarily, in specific civil cases, to mutually agree to arbitration based on their cultural laws.

Two of the more common are Islamic Sharia and Jewish Halakha Arbitration Courts which have been operating just fine since 1925.

The proposed OK law will be a hard case to put before the United States Supreme Court. There have been several Supreme Court cases that have upheld the FAA.

The key concepts of the FAA are:

1. That such arbitration is voluntary
2. All parties must specifically agree to FAA type arbitration when entering into the contract.
3. Only specific civil cases can be arbitrated. No Criminal Law cases
4. The Federal Government and the States have criteria and authority to negate any arbitration if it is found that the arbitration is in violation of Federal and/or State regulations.
That is U.S. law whether you like it or not and does not pertain to criminal law. Don't be so xenophobic.
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Old 11-11-10, 03:50 AM   #10
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That is U.S. law whether you like it or not and does not pertain to criminal law. Don't be so xenophobic.
I take it that is a reasonable reply to yubbas nonsensical rant.
Though it does raise the question of what the US law really is as its set by US politicians and adjudicated by US judges which everyone knows are really our reptilian overlords from the planet Blurg on the dark side of the blue cheese moon.
So Yubbas rant should be "this is the US if you don't want to follow our extraterrestrials laws make them move to another planet and take their evil alien laws with them"
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Old 11-11-10, 08:52 AM   #11
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I don't mind getting stoned, just as long as I'm not buried up too my knees.Gee thanks 4 the support, you took the words right out of my mouth, heard they taste like chicken.
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Old 11-11-10, 09:27 AM   #12
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Gee thanks 4 the support
Thats OK, we must stand united against the clandestine aliens dressed as penguins who are stealing our tax money to build secret telescopes while pretending that a gherkin shaped planet disguised as a comet isn't really going to land in New Aztechia and steal our tin-foil
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Old 11-11-10, 09:37 AM   #13
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Thats OK, we must stand united against the clandestine aliens dressed as penguins who are stealing our tax money to build secret telescopes while pretending that a gherkin shaped planet disguised as a comet isn't really going to land in New Aztechia and steal our tin-foil
Touché
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