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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 ...
A Better Test for Obscenity: Better for the States—Better for Libertarians
(Hastings Law Journal, 1977)
In this article, Professor Arnold H. Loewy proposes a new test for analyzing obscenity regulations proposed by states or localities. Instead of creating a division between obscene and non-obscene sexually explicit materials, ...
A Different and More Viable Theory of Equal Protection
Professor Arnold H. Loewy presents a simplified method of Equal Protection analysis, focusing on the nature of the group and the presence (or lack thereof) of a legitimate non-discriminatory purpose, to which the discriminatory ...
Punishing Flag Desecrators: The Ultimate in Flag Desecration
Through the framework of a three-act play, Professor Arnold H. Loewy discusses various arguments for and against punishing flag desecrators. He develops a narrative of a Russian ex-patriot, living in the United States, who ...