Now showing items 1-10 of 35
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.
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.
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 ...
Can States Enforce Their Civil Rights Laws Against National Banks?
(American Bar Association, 2009)
The Second Circuit's decision in favor of the Office of Comptroller of the Currency (OCC), in Cuomo v. The Clearing House Association, found that deference was due the federal agency's interpretation of one of its regulations, ...
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, ...
There Were Great Men Before Agamemnon
(Vanderbilt Law Review, 2009)
This essay theorizes that Supreme Court Justice James Iredell’s explanation and justification of the doctrine of judicial review is more masterful than that of Chief Justice Marshall’s. However, the movement towards legal ...
Why Roe v. Wade Should Be Overturned
Recently, in Webster v. Reproductive Health Services, the United States Supreme Court granted certiorari to consider some of the peripheral aspects of Roe v. Wade, and possibly to overrule that decision. For an academic ...
Why the Supreme Court Will Not Take Pretrial Right to Counsel Seriously
The author begins with the premise that the Supreme Court does not treat the pretrial right to counsel with any weight and then walks through an analysis of the history and jurisprudence surrounding the Fifth and Sixth ...
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 ...