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.

Professor Loewy identifies the three biggest problems with current criminal procedure casebooks. First, nearly all casebooks present the information in the wrong order. Second, is the lack of precise focus which includes ...

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 ...

In "A Tale of Two Justices (Scalia and Breyer)", Professor Loewy explores the differences in Justices Scalia and Breyer after their visit to Texas Tech School of Law in November. Loewy explores them on a deeper level, ...

In “Rethinking Search and Seizure in a Post-9/11 World”, author Arnold Loewy discusses whether 9/11 has truly had an impact on the way that courts decide Fourth Amendment cases. In a previous article, he argued that 9/11 ...

In "Chief Justice Roberts (A Preliminary Assessment)", Professor Loewy explores Chief Justice John Roberts time as chief justice as both a leader and a jurist in his own right. Loewy finds that while Roberts does not stand ...