The Yale Law Journal

Frank J. Costa, Jr.

Comment

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

Sophia Chua-Rubenfeld & Frank J. Costa, Jr.

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 enf…