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Publication Title

St. Thomas University Law Review


A fairy tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission to rid the land of them. The queen convinced the ministers to pass laws that sought to punish and exclude this group of subjects. The queen believed that she could make these subjects disappear by "decreeing" them away. Hysteria swept the land. The queen's fears became amplified and rippled throughout the land. However, as time went by, some leaders began to see that the queen was misguided. The people rose up and exiled the queen. She was no longer able to sing of sunshine. The queen became powerless and unimportant. Yet, in the land, lingered some of the laws the queen had caused the ministers to pass. These laws, upon reexamination, were predicated upon the irrational fear and hatred of the queen, not grounded in reason. And, the story should say that the laws were done away with and that reason was restored to the land. But, that is not the whole tale. For, it appears that the queen's irrationality persists.'

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Publication Date

Winter 2005