Raines v. Independent School District No. 6 of Craig County

OPALA, Vice Chief Justice,

concurring.

I concur in the court’s opinion and in its judgment. I write separately to counsel once again against facile safe-harbor assumptions by voicing my genuine concern over the constitutional efficacy of a promise-based arbitration clause here in contest. It appears to offend Oklahoma’s constitutional prohibition against express or implied contractual waiver of benefits con*305ferred by the state’s fundamental law.1 Art. 23 § 8, Okl. Const.2 Unlike other forms of waiver known to law, the contractual waiver interdicted by this section is one in the form of a promise…