Now showing items 1-10 of 18
It's Debatable: Church, State
(Lubbock Avalanche-Journal, 2013-06-02)
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 the separation of church and state.
A Criminal Law Anthology
(Anderson Publishing Company, 1997)
Through the use of selected United States Supreme Court cases and scholarly literature in the field, students will be guided step by step through the development of criminal law.
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 ...
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 ...
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 ...
Freedom of Speech as a Product of Democracy
In this article, Professor Arnold H. Loewy advocates for a broad interpretation of the First Amendment right to freedom of speech under the argument that free speech is a product of a democratic society. He discusses various ...
Protecting Citizens from Cops and Crooks: An Assessment of the Supreme Court’s Interpretation of the Fourth Amendment During the 1982 Term
Professor Loewy argues that the primary purpose of the fourth amendment is to protect innocent citizens, from both criminal activity and excessive governmental intrusion. In this Article, he reviews the Supreme Court's ...