Now showing items 1-10 of 31
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 ...
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.
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 ...
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 ...
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 ...