Now showing items 1-7 of 7
Religious Neutrality and the Death Penalty
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 ...
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 ...
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 ...
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 ...
School Prayer, Neutrality, and the Open Forum: Why We Don’t Need A Constitutional Amendment
Here, Professor Arnold H. Loewy discusses two methods under which prayer could be allowed in public schools without violating the establishment clause. Method I involves creating an open forum, available to student groups ...
It's Debatable: This is only a test - or is it?
(Lubbock Avalanche-Journal, 2014-11-29)
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 the endorsement/disapproval test and Establishment Clause violations.
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.