Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
Seattle University Law Review
Because the Ninth Circuit, in reaching its Thomas decision, relied on Smith's hybrid rights language, this Note will focus on the court's analysis of that subject. By applying the hybrid rights' dicta instead of following the actual holding in Smith, the Ninth Circuit reached a conclusion that is illogical and does not comport with current Supreme Court free exercise jurisprudence. This Note will discuss the Thomas court's analysis and will propose a logical interpretation of Smith that more closely reflects the Supreme Court's actual position regarding the Free Exercise Clause.
Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles
Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles
Seattle University Law Review
In this Article, I will first examine the facts of the Pentecostal Church case, where the above quoted offensive language was used by the Puerto Rico Supreme Court (I). Later I will illustrate the reaction this language produced (II). Following this, I will briefly comment on the benefits and limits of a more conciliatory manner of expression (III). Finally, I will raise some questions as to whether the therapeutic jurisprudence movement should venture into conflicts where the parties are, in effect, testing out their respective political strengths or if it should concentrate on the more traditional fields that have earned …