Frank J. Costa, Jr.

The Reverse-Entanglement Principle: Why Religious Arbitration of Federal Rights Is Unconstitutional

Several courts have compelled religious arbitration of employment disputes even when the arbitration agreement explicitly states that holy text would trump federal law. This Comment articulates a “reverse-entanglement” principle that explains why courts violate the Establishment Clause when they enforce arbitral decisions that apply religious principles to secular-law disputes.