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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 ...
The Warren Court as Defender of State and Federal Criminal Laws: A Reply to Those Who Believe that the Court is Oblivious to the Needs of Law Enforcement
In this article, Professor Arnold H. Loewy discusses the cases decided by the Warren Court in the 1965-1967 terms, terms whose decisions were viewed as detrimentally affecting the government’s ability to enforce criminal ...
The Constitutionality of Sabbatarian Exemptions
(Boston University Law Review, 1963)
On May 29, 1961, the Supreme Court in Gallagher v. Crown Kosher Super Market, and three companion cases, sustained the constitutionality of the Massachusetts Sunday Closing Laws. In so doing, it rejected the claim that the ...
Free Speech: The "Missing Link" in the Law of Obscenity
(Journal of Public Law, 1967)
Q: Aren’t you glad that the Supreme Court has recognized that obscenity is not speech within the meaning of the first amendment and as such is not constitutionally protected? A: I most certainly am not! It seems to me ...
The Supreme Court Revisits Palko v. Connecticut
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 ...