Now showing items 21-30 of 84
It's Debatable: Who should elect U.S. senators?
(Lubbock Avalanche-Journal, 2013-09-09)
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 whether U.S. senators should be elected by popular vote or by state ...
It’s Debatable: Should Texas Roll Dice on Casinos?
A debate about whether Texas should legalize casino gambling.
Are We Moving Towards Requiring Citizens to Carry Identification Cards and Would This Be a Good Thing?
Under the Hiibel case, a person must provide identification upon a police officer’s request regardless of whether the police officer answers the person’s questions. The author contends that requiring citizens to provide ...
Verdict Reasonable at Casey Anthony Trial
The Casey Anthony trial verdict was reasonable if the jury did not believe she was guilty beyond a reasonable doubt. To prevent the wrongful conviction of innocents, a preponderance of the evidence standard is not used in ...
Rejecting Both Smith and RFRA
(Texas Tech Law Review, 2011)
Currently, the United States is divided into two regimes on how to resolve free exercise of religion questions. The official rule is Employment Division v. Smith, which held that so long as the criminal statute did not ...
The Positive Reality and Normative Virtues of a "Neutral" Establishment Clause
(Brandeis Law Journal, 2003)
It is the thesis of this Article that in both the Deific recognition and government financing cases, the Court is moving towards neutrality as its presumptive standard. A further thesis is that this is a good thing and ...
Statutory Rape in a Post Lawrence v. Texas World
(SMU Law Review, 2005)
Lawrence v. Texas has spawned many different perspectives. To some, it is virtually the Magna Charta for the homosexual community. To others it is the resurgence of the salutary concept of liberty. To still others, it ...
The Death Penalty in a World Where the Innocent Are Sometimes Convicted
(Texas Tech Law Review, 2008)
In this Article, I consider whether we should eliminate the death penalty because we almost certainly have executed innocent persons in the past and will continue to do so in the future. Some would say, “Of course we ...
A Dialogue on Hate Speech
(Florida State University Law Review, 2008)
Americans and Europeans have very different ideas of the strength of their respective free speech guarantees. . . . In this Essay, I explore the different thoughts an American lawyer and a European lawyer have to help us ...
It's Debatable: Where 'In God (do) we' draw line?
(Lubbock Avalanche-Journal, 2015-11-14)
Arnold Loewy, the George Killam Professor of Criminal Law at the Texas Tech School of Law, and Charles Moster, a former litigation attorney in the Ronald Reagan and George H.W. Bush presidential administrations, debate ...