Now showing items 1-10 of 38
Fundamental Election Rights: Association, Voting, and Candidacy
(Valparaiso University Law Review, 1980)
This article analyzes election rights in a republican form of government. At the time of the article, the right to vote, the right of free speech, and the right to petition government had all been recognized as fundamental ...
It’s Debatable: Texas Strikes Out in Court Case
(Lubbock Avalanche-Journal, 2016)
Arnold Loewy and Charles Moster debate the Supreme Court’s recent decision to strike down a Texas law that restricted abortions. Moster is a former litigation attorney in the Ronald Reagan and George H.W. Bush presidential ...
Captives of ‘Anything Goes’
(The News & Observer Pub. Co., 2004-05-13)
It’s Debatable: Should Foreign Laws Influence the U.S.?
(Lubbock Avalanche-Journal, 2013)
Arnold Loewy and Donald May debate if foreign laws should influence the United States. May has been a candidate for Congress and writes an independent blog on lubbockonline.com and Arnold is the George Killiam Professor ...
Executive Advisory Opinions and the Practice of Judicial Deference in Foreign Affairs Cases
(George Washington Law Review, 2005)
During the first decade under the U.S. Constitution, Supreme Court justices frequently provided the president and the executive branch with independent legal advice on a wide range of issues. Nevertheless, in 1793 when ...
There Were Great Men Before Agamemnon
(Vanderbilt Law Review, 2009)
This essay theorizes that Supreme Court Justice James Iredell’s explanation and justification of the doctrine of judicial review is more masterful than that of Chief Justice Marshall’s. However, the movement towards legal ...
Abortive Reasons and Obscene Standards: Comment on the Abortion and Obscenity Cases
In this article, Professor Loewy discusses the doctrinal support (or lack thereof) for the seminal abortion and obscenity cases arising from the 1972 term of the Supreme Court. He discusses the reasoning and arguments used ...
Rethinking Free Exercise of Religion after Smith and Boerne: Charting a Middle Course
In this article, Professor Arnold H. Loewy discusses the Free Exercise Clause analysis used by the Supreme Court in Reynolds v. United States, Employment Division v. Smith, and City of Boerne v. Flores and contrasts it ...
The Use, Nonuse, and Misuse of Low Value Speech
In this article, Professor Arnold H. Loewy discusses the historical advent of “low value” as a category of speech, separate and apart from fully-protected “high value” speech and unprotected “no value” speech. He looks at ...
The Old Order Changeth – But for Whom?
In this article discussing the prospective, partially prospective, and retroactive application of new criminal procedure rules, Professor Arnold H. Loewy discusses the various constitutional implications of applying new ...