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Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden
Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden
Seattle University Law Review
This Article will analyze the Equal Protection Clause in relation to the government's ability to classify and will discuss whether race is a prohibited classification. The author will closely critique the case of Coalition For Economic Equity v. Wilson, which challenges the constitutionality of Proposition 209 because of its political burdens on interests important to racial minorities and women. The author will argue that Proposition 209's Equal Protection standard should be illicit state action rather than political burdens. Finally, the author will critique the Wilson court's understanding of violations of the Equal Protection Clause. This understanding is rejected here …
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Seattle University Law Review
This Article presents the argument that the Fourteenth Amendment protects the individual decision to hasten death with physician-prescribed medication and that statutes prohibiting physician-assisted suicide deny equal protection, guaranteed by the Fourteenth Amendment, to competent, terminally-ill adults who are not on life support.
Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel
Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel
Seattle University Law Review
Accordingly, in light of this struggle to balance public health with religious liberty, this Article chronicles the evolving liberties and liabilities of religious patients, parents, and healers over the course of the twentieth century and examines the current state of religious healing law. Throughout, it advocates the greatest possible liberty for religious healing consistent with public and family security, as well as advocating equal protection under the law for all involved in religious treatment, whether they are members of organized religious groups or individual practitioners.