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It's Debatable: Is Hobby Lobby's case wobbly?
(Lubbock Avalanche-Journal, 2014-05-04)
Arnold Loewy, the George Killam Professor of Criminal Law at the Texas Tech School of Law, and Dustin Burrows, a Lubbock attorney, debate the Sebelius vs. Hobby Lobby case
It's Debatable: Should prayer be in schools?
(Lubbock Avalanche-Journal, 2014-09-07)
Arnold Loewy, the George Killam Professor of Criminal Law at the Texas Tech School of Law, and Don May, an independent blogger for lubbockonline.com, debate school prayer.
Morals Legislation and the Establishment Clause
(Alabama Law Review, 2003)
In rejecting the argument that morality is an insufficient basis for a law, the Supreme Court, in Bowers v. Hardwick, held: "The law, however, is constantly based on notions of morality, and if all laws representing ...
Rethinking Government Neutrality Towards Religion Under the Establishment Clause: The Untapped Potential of Justice O’Connor’s Insight
(North Carolina Law Review, 1986)
Traditional establishment clause analysis forbids any government actions whose purpose or effect is to advance or inhibit religion. In Lynch v. Donnelly, Justice O'Connor recast the ‘advance or inhibit’ test to focus on ...
Obscenity: An Outdated Concept for the Twenty-First Century
(NEXUS, 2005)
In the pages that follow, this essay argues that the Court should take the opportunity to travel the path not taken in Miller v. California and hold that there is no such thing as obscenity. Instead, all speech is protected. ...
Religious Neutrality and the Death Penalty
(2001)
In this article, Professor Arnold H. Loewy discusses the application of religious neutrality to religion-based peremptory challenges in death penalty cases. He discusses the historical treatment of religion as an allowable ...
The Fourth Amendment as a Device for Protecting the Innocent
(1983)
In this article, Professor Arnold H. Loewy discusses the issues that arise from approaching the Fourth Amendment based on its effects on guilty parties instead of innocent citizens. First, he discusses historical Fourth ...
It's Debatable: Immigration of radical Islamics
(Lubbock Avalanche-Journal, 2015-09-20)
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.
Rethinking Free Exercise of Religion after Smith and Boerne: Charting a Middle Course
(1999)
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 Supreme Court Revisits Palko v. Connecticut
(1966)
On April 4, 1966, the Supreme Court granted certiorari in Cichos v. Indiana to consider the following questions:
1. Is the Fifth Amendment’s protection against double jeopardy of such basic characteristic in law as to be ...