« OIC wants to stop critics of Islam; seeks to engage directly with American Muslims | Main | Controversial Tariq Ramadan to speak at Oklahoma City University »

October 08, 2010

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00e00986be4d88330133f4edf78d970b

Listed below are links to weblogs that reference SQ 755: A yes vote bans sharia law in Oklahoma!:

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

While I agree that Sharia Law and other cultural defenses should not be allowed in our courts, SQ755 limits the ability of Oklahoma courts to protect Oklahomans in situation where international law should be referenced such as contracts and judgments.

The responsible thing to do would be to wait and revisit this issue on the next ballot with a much better worded constitutional amendment. As the wording of SQ755 stands right now, Oklahoma businesses doing business internationally would effectively be judgment-proof, and that will make Oklahoma a very unattractive place to do business.

I would hope our state courts would not consider international law when deciding cases. The globalists of the world want this and we have to set limits.

I'm voting yes for SQ 755

I am voting yes, too.

@Keith: For one fairly recent case where the Oklahoma Supreme Court had to reference foreign law (specifically, the laws of Brazil) to enforce a contract, see Panama Processes, S.A. v. Cities Service Co., 1990 OK 66, 796 P.2d 276.

Additionally, we currently have statutes in place (12 O.S. § 718.1 - 12 O.S. § 729.16) that deal with enforcing judgments brought against Oklahoma businesses and enforcing international contracts with Oklahoma businesses involved. SQ755 would render these statutes unconstitutional, and therefore Oklahoma would be a very poor choice for a business that wishes to derive part of its income internationally.

For example, a common misconception is that America outsources everywhere, but many professional services are actually outsourced to America by Europeans. In the case of professional services, America is not really the "top of the food chain".

Keep in mind that Oklahoma has foreign trade zones and ocean-going ports on the Arkansas River. These would be negatively affected by SQ755.

Last time I checked, Oklahoma exports were worth approximately $4 billion. Is SQ755 really worth that much to you? Perhaps we would be much better off to wait for a much better written version.

No business or business group has raised this as an issue, that I am aware. The one case Brian cited was about a pick-up truck and a tractor/trailer vehicle accident in Achille, Oklahoma and a personal injury lawsuit. This was not an international law case. So, Brian, your argument doesn't fly.

We cannot ignore globalists, including some liberal judges who want the U.S. to become more accountable to international law.

I will be voting for SQ 755 and encourage others to do so.

Brandi, that is blatant misinformation and you would know it if you had actually looked at the case that I referenced.

Nowhere will you find a reference to an auto accident in Achille, Oklahoma resulting in personal injury.

If you can't understand what you are reading, then don't post a lie about it to mislead your readers.

Blantant misinformation?

For example in

DEVERY IMPLEMENT COMPANY, an Oklahoma general partnership,
Plaintiff-Appellant and Cross-Appellee,
v.
J.I. CASE COMPANY, a Delaware corporation, Steiger Tractor,
Inc., a Delaware corporation, Defendants-Appellees

and Cross-Appellants,
Tenneco Inc., a Delaware corporation, Defendant.

"...Under the rationale set forth in Panama Processes, "the parties' intent, gleaned from the contract as a whole, requires" that we apply Oklahoma law. 796 P.2d at 288.We come to this conclusion for the simple reason that the parties contracted for the primary purpose of selling and servicing Steiger tractors in Devery's "trade area" which was centered in Oklahoma, not North Dakota.

Oklahoma law! Got it Brian?

http://webcache.googleusercontent.com/search?q=cache:VMUJcaAEdugJ:ftp.resource.org/courts.gov/c/F2/944/944.F2d.724.90-6155.90-6140.html+Panama+Processes,+S.A.+v.+Cities+Service+Co.,+796+P.2d+276+(Okla.+Sup.+Ct.+1990&cd=2&hl=en&ct=clnk&gl=us

The personal injury case I found referenced Panama Processes:

http://caselaw.findlaw.com/ok-supreme-court/1186031.html

Footnote 11 references Panama Processes, S.A. v. Cities Service Co., 1990 OK 66, 796 P.2d 276.

For more information about Panama Processes, S.A. v. Cities Services read "Three legal traps for small businesses engaged in international commerce"

http://www.allbusiness.com/legal/international-law/454908-1.html

You said that the Panama Processes case was a personal injury lawsuit, which was inaccurate.

Panama Processes was a resolution to a dispute centered around a 1965 Letter of Agreement. Brazilian law applied to that Letter of Agreement, and a Brazilian court issued the judgment.

It was then up to the Oklahoma Supreme Court to recognize the judgment. In order to recognize the Brazilian judgment, the Oklahoma Supreme Court had to reference the original Brazilian judgment to determine if it was subject to enforcement under the Uniform Foreign Money Judgment Act pursuant to the Restatement (Second) of Conflict of Laws.

In fact, in paragraph 27 of Panama Processes, the Court said that "...it is clear that the contract was to be performed in major part in Brazil. We thus conclude that the parties' intent, gleaned from the contract as a whole, requires application of Brazilian law on questions of the contract's validity and enforceability."

Brain, Panama Processes is a faily recent case? LOL!

I though you mean a recent case where it was referenced in the last few years which was the personal injury case and the other one I referred above.

Also, it's relevant to point out that the UN's Vienna Convention was an attempt to codify some international laws that was adopted in 1969. The U.S. Senate has never signed off on decades later. There appears to be a reason why the U.S. is NOT going to sign off on a U.N. drafted international law agreement.

The comments to this entry are closed.

Watch videos at Vodpod and politics videos and more of my videos

Twitter Updates

    follow me on Twitter

    Muslim Brotherhood Infiltration

    Learning more about Islam

    We are on Facebook!

    Become an activist for the truth

    zTube

    Categories

    Blog powered by TypePad
    Member since 06/2007