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2013 Cardozo L. Rev. De-Novo 1 (2013)

handle is hein.journals/denovo2013 and id is 1 raw text is: 1CARDOZO LAW REVIEW SYMMETRY FOR SYMMETRY'S SAKE: WHY BOSE DOES NOT REQUIRE INDEPENDENT REVIEW OF A TRIAL COURT'S FIRST AMENDMENT-FAVORABLE FINDINGS OF FACT Joshua Wurtzel* Introduction It was Nathaniel Friday's job to secure an eagle for his tribe's annual religious ritual known as Sun Dance.1 Winslow Friday was his cousin, and he endeavored to help Nathaniel however he could.2 The Fridays had not yet acquired an eagle, and Winslow one day noticed a bald eagle perched on a tree located on his reservation.3 Believing that this was the eagle that God had provided for his family, Winslow shot it, and the eagle's tail was used on the offering pole of the 2005 Sun Dance.4 Winslow never applied for a permit to take the eagle, as required by federal law.5 The shooting was reported to the Bureau of Indian Affairs, and Winslow was charged with violating the Eagle Act.6 Winslow moved to dismiss the charges against him on the ground that-as applied-the Eagle Act violated the Religious Freedom Restoration Act (RFRA).7 The district court agreed and dismissed the charges, finding that the government's practical ban on eagle permits available to those in Winslow's position substantially burdened * Business Manager, Cardozo Law Review. J.D. Candidate (May 2013), Benjamin N. Cardozo School of Law; B.A., summa cum laude in Political Science, SUNY Binghamton (2010). I would like to thank Professor Alexander A. Reinert as well as the editors of the Cardozo Law Review de novo for their tireless commitment and insight. I would also like to thank my parents, Gail and Elan, brother, Matthew, and fiance, Amanda, for their unconditional support and love. 1 U.S. v. Friday, 525 F.3d 938, 945, 942 (10th Cir. 2008). 2 Id. at 945. 3 Id. 4 Id. 5 Id. 6 16 U.S.C. § 668 (2006). 7 Friday, 525 F.3d at 945.

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