Now showing items 1-10 of 78
The Two Faces of Insanity
(Texas Tech Law Review, 2009)
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 ...
Knowing "Consent" Means "Knowing Consent": The Underappreciated Wisdom of Justice Marshall's Schneckloth v. Bustamonte Dissent
(Mississippi Law Journal, 2009)
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 ...
Taking Reasonable Doubt Seriously
(Chicago-Kent Law Review, 2010)
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 ...
Systemic Changes that Could Reduce the Conviction of the Innocent
(Criminal Law Forum, 2007)
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 ...
Cops, Cars, and Citizens: Fixing the Broken Balance
(St. John's Law Review, 2002)
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 Wisdom and Constitutionality of Teaching Intelligent Design in Public Schools
(First Amendment Law Review, 2006)
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.
What Hath 9/11 Wrought?
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 ...
Search and Seizure in a Post-9/11 World
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 ...
The Exclusionary Rule as a Remedy
The United States Supreme Court currently views the exclusionary rule as a remedy instead of an inherent right. This article discusses why the exclusionary rule is not a right and how the exclusionary remedy should work. ...
Juveniles and the Constitution
A presentation exploring juveniles’ rights under the U.S. Constitution. Topics include: the establishment of religion; free speech in school; free speech outside of school; search and seizure in school; personal autonomy; ...