Now showing items 1-10 of 24
It's Debatable: Can cheerleaders cheer for God at Kountze High School?
(Lubbock Avalanche-Journal, 2013-06-30)
Don May, an independent blogger on lubbockonline.com, and Arnold Loewy, the George Killam Professor of Criminal Law at the Texas Tech School of Law, debate on how they think an appellate court should rule in a case implicating ...
A book review of Burning the Flag by Robert Justin Goldstein.
Criminal Speech: Should Free Trade in Ideas Be Absolute?
This article explains the place of freedom of speech in the United States criminal justice system. Communication is required in the commission of crimes like bribery and kidnapping. The United States Supreme Court distinguished ...
The First Amendment Cases and Materials
(West Academic Publishing, 1999)
Provides students with an informed understanding of the significant issues surrounding the First Amendment, and how these issues affect the thought processes of courts. Discusses the most important cases, all accompanied ...
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 ...
Rethinking Free Exercise of Religion after Smith and Boerne: Charting a Middle Course
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 Use, Nonuse, and Misuse of Low Value Speech
In this article, Professor Arnold H. Loewy discusses the historical advent of “low value” as a category of speech, separate and apart from fully-protected “high value” speech and unprotected “no value” speech. He looks at ...
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 ...
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, ...
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 ...