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Paris

Given this reality, if you get stuck with an arbitration provision requiring the application of religious law in some po-dunk vacation rental dispute, then that's on you for failing to read the contract before you signed it.

That's one way to look at it. I think it's a pretty silly one though. It's not really in the interests of society to force unsophisticated consumers to read extensive and complicated contracts in order to complete mundane transactions. It would make for a very inefficient marketplace

And you may not be talking about arbitration clauses generally, but the Supreme Court's jurisprudence on arbitration clauses is what's leading to these clauses being upheld, even though to me, requiring a non-Christian to settle his disputes according to Christian values would seem to be textbook unconscionable
 
Recent interview with former Air Force drone operators
http://m.democracynow.org/stories/15702?autostart=true&get_clicky_key=suggested_next_story

"Exclusive: 2 Air Force Vets Speak Out for First Time on Why They Want the Drone War to Stop -

In an unprecedented open letter to President Obama, four U.S. Air Force servicemembers who took part in the drone war say targeted killings and remote-control bombings fuel the very terrorism the government says it’s trying to destroy. Two of the signatories, former sensor operator Stephen Lewis and former Air Force technician Cian Westmoreland, tell us why they are speaking out for the first time about what they did. "Anybody in the Air Force knows that an air strike has collateral damage a significant amount of the time," Westmoreland says. "I’m saying it wasn’t all enemies. It was civilians, as well.""
 
That's one way to look at it. I think it's a pretty silly one though. It's not really in the interests of society to force unsophisticated consumers to read extensive and complicated contracts in order to complete mundane transactions. It would make for a very inefficient marketplace

Caveat emptor. I can't imagine renting a mountain cabin without reading the rental agreement. Maybe that increases transaction costs, but you aren't getting rid of private agreements anytime soon. Why should an arbitration clause in a mountain cabin rental agreement be any different from any other dispute resolution mechanism, like choice of law clauses, choice of forum clauses, or jury waivers?
 
lol at asking a laywer whether or not we should reduce complexity in contracts
 
I just wonder if junebug has ever updated his iTunes
 
Caveat emptor. I can't imagine renting a mountain cabin without reading the rental agreement. Maybe that increases transaction costs, but you aren't getting rid of private agreements anytime soon. Why should an arbitration clause in a mountain cabin rental agreement be any different from any other dispute resolution mechanism, like choice of law clauses, choice of forum clauses, or jury waivers?

I imagine you don't read the 100+ page terms and conditions when you update information on your phone though do you? Or read all the fine print in cell phone contracts?
 
Caveat emptor. I can't imagine renting a mountain cabin without reading the rental agreement. Maybe that increases transaction costs, but you aren't getting rid of private agreements anytime soon. Why should an arbitration clause in a mountain cabin rental agreement be any different from any other dispute resolution mechanism, like choice of law clauses, choice of forum clauses, or jury waivers?

If you're a lawyer, you should know that caveat emptor is pretty much dead in relation to adhesion contracts. As to your other point, arbitration clauses are consistently treated differently by courts than choice of law, forum, etc. and religious ones should be even more so given subjecting someone to the rules of someone else's religion seems to be definitively against public policy
 
If you're a lawyer, you should know that caveat emptor is pretty much dead in relation to adhesion contracts. As to your other point, arbitration clauses are consistently treated differently by courts than choice of law, forum, etc. and religious ones should be even more so given subjecting someone to the rules of someone else's religion seems to be definitively against public policy

Let me guess: 3L?
 
Cato jumps on the blowback theme. This is a key difference between libertarians and most conservatives.

http://www.cato.org/blog/terrorism-paris-blowback-yet-another-unnecessary-war

The Paris killings weren’t an attempt “to destroy our values, the values shared by the U.S. and France,” as claimed by Frederic Lefebvre of the National Assembly. Rather, admitted French academic Dominique Moisi, the Islamic State’s message was clear: “You attack us, so we will kill you.” As America learned on September 11, 2001, intervening in other nations’ political and military struggles inevitably creates enemies and blowback. ...

Of course, those killed did not deserve to die. But said one of the killers, “It’s the fault of your president, he should not have intervened in Syria” and Iraq.

Western governments which let loose the dogs of war should stop pretending that their nations enjoy immunity from attack. There are no certainties even for America, which has done surprisingly well since 9/11.

Which brings up the obvious question, why is the U.S. (and its European allies) involved “over there”?

The Islamic State is evil, but the bloodshed it has unleashed is substantially less than that resulting from more conventional conflicts elsewhere. Indeed, the Islamic State isn’t even the most murderous terrorist organization. Nigeria’s Boko Haram holds that record.

During its rise the Islamic State didn’t attack America. After all, it’s hard to build a caliphate, or quasi-state, if the U.S. is against you. And running a caliphate establishes a return address for retaliation.

Of course, if successful, the Islamic State ultimately might have struck at America. But such a possibility would be best met by responding to any threat as it developed, rather than joining yet another interminable sectarian war in the Middle East.

Anyway, ISIL is unlikely to succeed in establishing a durable state. If nations such as Saudi Arabia and Turkey got serious about destroying the Islamic State, the caliphate would quickly disappear. They won’t act, however, so long as Washington insists on doing the job for them.

There is much foolish talk of the U.S. being involved in World War III or IV over “our values.” Which raises the question why ISIL killed 43 Lebanese in a Hezbollah neighborhood in Beirut and 224 Russian passengers bound for Moscow. France, Russia, and Hezbollah were united not by liberalism but combat against the Islamic State.

Moreover, even at its worst terrorism does not pose an existential threat to America. Nearly 3,000 dead from 9/11 was an awful toll. But World War II consumed at least 50 million, and as many as 80 million, lives. Treating terrorism as an equivalent threat is simple nonsense.
 
Good excerpt. Stuff like that is why astute observers realize there are very few true libertarians among those who like to use the name.
 
The problem is that our support of Israel constitutes an on going attack for many Muslims, Caliphate or not. I seriously doubt that we are going to stop supporting Israel any time soon.

The Caliphate needs to be taken out. Gradually strangling it, rather than invading the area, will probably be the best policy.
 
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