David Barkey

David Barkey is National Religious Freedom Counsel at the Anti-Defamation League.

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COMMENTARY: Anti-Muslim Bigotry Taints Florida Ban on Foreign Laws

by Amos Toh, by David Barkey 05-16-2014

Florida Gov. Rick Scott signed into law a measure known as a “foreign law ban.” Photo: Meredyth Hope Hall, courtesy Rick Scott.

This week, Florida Gov. Rick Scott signed into law a measure widely touted as a “foreign law ban.” But proponents of such bans should not be too quick to claim victory.

The version of the ban that Scott signed merely mirrors decades-old legal principles that Florida courts have used to resolve international disputes — namely, that they will not apply foreign law if it “contravenes the strong public policy of this state or if the law is unjust or unreasonable.”

This is a far cry from foreign law bans in states such as Kansas and Arizona, which demand their courts to reject foreign laws or judgments if they come from a country that does not protect rights in the identical way we do.

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