Browsing by Author "Loewy, Arnold H."
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Item The Exclusionary Rule as a Remedy(Texas Tech Law Review, 2013) Loewy, Arnold H.Argues that the Court was correct in concluding that the exclusionary rule is a remedy, rather than a right. The advocates that the Court has been incorrect in its parsimonious use of the exclusionary rule as a remedy in that the Court consistently undervalues the importance of the exclusionary rule and, at the same time, overrates the harm that the rule can do.Item The Fourth Amendment: History, Purpose, and Remedies(Texas Tech Law Review, 2010) Loewy, Arnold H.Functions to comment briefly on each of these questions: (1) How important is (should) history (be) to the resolution of Fourth Amendment questions, and how good (or bad) a job does the Supreme Court do in construing history?; (2) What value(s) is (are) the Fourth Amendment intended to serve?; and (3) Is the exclusionary rule a good (the best) way of enforcing these values?Item Juveniles and the Constitution(Texas Tech Law Review, 2013) Loewy, Arnold H.Explores how the Supreme Court treats youth in a great many areas: establishment of religion, free speech in school, free speech outside of school, search and seizure in school, personal autonomy, and, of course, the criminal justice system.Item Punishing Violence Against Women: Seeking The Right Balance(Texas Tech Law Review, 2016) Loewy, Arnold H.For much of our history, violence against women has not been taken seriously enough. This is particularly so when the victim is the perpetrator’s wife or girlfriend. Occasionally, however, such perpetrators have been punished too severely in the name of zero tolerance. What we need is nuance and balance. Some cases of violence against women demand severe punishment, others do not. It should be the job of the courts, and to some extent the legislatures, to sort out which cases require severe punishment and which are better punished less severely.Item Rejecting Both Smith and RFRA(Texas Tech Law Review, 2011) Loewy, Arnold H.Aims to answer the following questions: (1) Should free exercise of religion ever be a defense to an otherwise valid criminal statute?, and (2) Did Smith get it right? Provides a detailed explanation as for why the is yes to the first question and, unsurprisingly, no to the second.Item Religious Liberty Versus Rights of Others(Kentucky Law Journal, 2018) Loewy, Arnold H.Examines the question of religious liberty versus the rights of others in light of several controversial Supreme Court cases. This was a presentation given at the Kentucky Law Journal symposium, Religious Exemptions and Harm to Others, at the University of Kentucky College of Law and has been slightly modified to be published as an article.Item The Strange Case of Timothy Hennis: How Should It Be Resolved(Texas Tech Law Review, 2020) Loewy, Arnold H.Examines the trials of Timothy Hennis, accused of the murder of Kathryn Eastburn and two of her daughters. After two trials, Timothy Hennis was acquitted of the murders. Hennis went on to have a successful military career and eventually retired from the Army. After 20 years evidence was tested, which linked Hennis to the crime. Since Hennis had been acquitted, he could not be tried again. As a result, the Army called him out of retirement to be court martialed. The article discusses many aspects of this case, especially the issue of using a military court martial to circumvent double jeopardy and concludes with a recommendation that if the United States Supreme Court should get this case they should hold that the federal interest is too attenuated to justify trying Hennis again.Item A Tale of Two Justices (Scalia and Breyer)(Texas Tech Law Review, 2010) Loewy, Arnold H.Justice Scalia has frequently strayed from the conservative course. In Fourth Amendment cases, he led sharply divided Courts into adopting an expansive view of the Fourth Amendment. He famously joined a five to four majority in constitutionalizing the right to burn the American flag. Additionally, he has led the Court in expanding (or some would say properly maintaining) the scope of the Confrontation Clause. Indeed, in at least some of these cases, Breyer was on the conservative (or state) side. Examines, despite popular opinion to the contrary, the belief that the liberal/conservative split really reflects the difference between the Justices. This Article reviews to the core differences between the Justices.Item The Two Faces of Insanity(Texas Tech Law Review, 2009) Loewy, Arnold H.Argues that insanity should rarely exculpate and never implicate. Thus, on the one hand, when insanity is invoked as a defense by one who has been proven guilty of the requisite mens rea and actus reus for the crime, insanity should rarely, if ever, exculpate. On the other hand, when the defendant lacks the requisite mens rea to commit the crime, whether because of insanity or any other non-self-induced reason, the defendant should not be guilty.Item Unintentional Killings(Texas Tech Law Review, 2014) Loewy, Arnold H.Reviews the concept of criminalizing unintentional homicides. Examines the gamut of unintentional killings and assess the wisdom of various courts' treatment of them.Item Why Capital Punishment Should be Abolished(Texas Tech Law Review, 2018) Loewy, Arnold H.Discusses cases where people were convicted and sentenced to death, but their convictions were very likely mishandled and they were potentially innocent people sentenced to death. Also, sets out several reasons why capital punishment should be abolished. Concludes with a case of the heinous rape and murder of an 11 month old baby where the mother requested that the perpetrator not be given the death penalty, but instead should receive life without parole so he would be able to think about his crimes every day.Item Why the Supreme Court Will Not Take Pretrial Right to Counsel Seriously(Texas Tech Law Review, 2012) Loewy, Arnold H.Implicit in the title of this paper is the assumption that the Supreme Court does not take the pretrial right to counsel seriously. After establishing that, attempts to ascertain why.Item The Wisdom Of Universal DNA Collection: A Reply To Professor Meghan J. Ryan(SMU Science and Technology Law Review, 2017) Loewy, Arnold H.Professor Loewy replies to a commentary written by Professor Meghan J. Ryan in response to the universal collection of DNA. This article’s response addresses several concerns including; of the costs of a universal DNA collection system, the willingness of people to provide DNA, and other biases. The author concludes that a universal DNA database should still be implemented.