Brian Hutler will be teaching LGST 101 Law and Social Values in Spring 2019. Prior to teaching at Wharton, he was a Law and Philosophy Predoctoral Fellow at the UCLA School of Law.
Brian’s research focuses on issues in political philosophy, philosophy of law, constitutional law, and contracts. His dissertation critically investigates the concept of religious freedom, identifying a number of ways in which laws that are designed to protect religious freedom are inconsistent with the underlying political values of freedom and equality. The dissertation proposes solutions to these inconsistencies, such as laws designed to promote compromise-based religious accommodation. Brian’s additional research interests include freedom of speech, the structure of rights and duties, and corporate social responsibility.
Brian is a member of the California Bar Association and holds a Ph.D. in Philosophy from UCLA, a J.D. from the UCLA School of Law, and a B.A. in Philosophy from NYU.
Abstract: Religious arbitration agreements, which compel parties to resolve their legal disputes through religious tribunals, are increasingly common. This Article argues that judicial enforcement of religious arbitration agreements may violate the Establishment Clause’s nondelegation doctrine. First articulated in Larkin v. Grendel’s Den, the nondelegation doctrine prevents the government from making a delegation of its power to religious institutions that results in a “fusion” of governmental and religious functions. The concern is not that the government would entangle itself in religious affairs, but that religious institutions would acquire unilateral control over a properly governmental function. In particular, religious arbitration agreements allow religious tribunals to acquire unilateral control over the resolution of civil law disputes. The Article argues further that the religious question doctrine supports the conclusion that courts should not enforce religious arbitration agreements when the underlying civil law dispute turns on a legal, rather than a religious, question. The Article concludes by arguing that the principle of government neutrality toward religion also supports the nonenforcement of religious arbitration agreements because of the need to maintain a stable separation between church and state.
LGST101 - Law and Social Values
This course presents law as an evolving social institution, with special emphasis on the legal regulation of business in the context of social values. It considers basic concepts of law and legal process, in the U.S. and other legal systems, and introduces the fundamentals of rigorous legal analysis. An in-depth examination of contract law is included.