One of the great debates surrounding insanity is whether it is an excuse for criminal defendants designed to exculpate otherwise guilty people or whether it is a device used by the government to inculpate otherwise innocent ...

This Article argues that the majority opinion in the Supreme Court’s decision in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), has led to a burgeoning jurisprudence of placing a premium on citizens’ ignorance of their ...

In recent years, we have discovered a spate of factual innocent people who have been convicted. In this article, Professor Loewy contends that the failure of juries to take reasonable doubt seriously contributes to this ...

In an ideal world, juries would always reach the correct result. In theory, we believe that the second best choice is to err on the side of acquitting the guilty rather than convicting the innocent. We say that it is better ...

Professor Loewy describes the unacceptable state of the law of criminal procedure, how it happened, and what lawyers can do to restore the law to an acceptable balance between the fighting crime and guarding liberty.

The author, an admitted liberal First Amendment theorist supports teaching intelligent design in public schools. He then explains this seeming disconnect and why the current state of the case law supports this desire.

Post-9/11 security measures in airports across the United States are infringing on everyday citizens’ Fourth Amendment rights. This article explores the astounding scope and number of searches and seizures performed by ...

In reaction to the 9/11 attacks, the United States is beginning to lean towards excessive police force to combat terrorism. The article discusses three relatively recent cases (Hudson v. Michigan, Hiibel v. Sixth Judicial ...

A debate on whether the phrase “Under God” should be included in the Pledge of Allegiance.

Arnold Loewy, the George Killam Professor of Criminal Law at the Texas Tech School of Law, and Allen Adkins, a Lubbock lawyer, debate Muslim immigration to the U.S.