Now showing items 1-10 of 63
Biodefense: Who’s in Charge?
This article discusses America’s approach to bioterrorism. Professor Sutton posits that the government’s response to the anthrax attacks of 2001 demonstrate organizational problems in America’s response to biological ...
Professor Murphy reviews Mr. Redish's book concerning the Supreme Court, federalism, and separation of powers. Professor Murphy strongly supports the author's view on the Court's federalism jurisprudence. Professor Murphy ...
Abandoning Constitutional Standing: Trading a Rule of Access for a Rule of Deference
This short essay examines constitutional standing and its relation to separation of powers in light of the Supreme Court’s 4-1-4 split.
Rosen and Sutton: The President Is Employing A Royal Idea
An op-ed piece discussing the misuse of Presidential powers by President Obama. The authors suggest that President Obama does not have the power to implement legislation that Congress will not pass by issuing executive ...
Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence
In this article, Professor Arnold H. Loewy distinguishes between substantive Constitutional rights and procedural Constitutional rights and discusses how the difference should affect the introduction of evidence at trial. ...
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 ...
Legal Impediments to Surveillance for Biological Threats and Countering Terrorism
The law observes jurisdictional boundaries as well as national and state boundaries, unlike biological agents. The threat of biological agents cannot be successfully controlled through surveillance technologies without ...
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, ...
Abandoning Standing: Trading a Rule of Access for a Rule of Deference
(Administrative Law Review, 2008)
The Supreme Court's long struggle over the nature of constitutional standing has taken on new urgency with the addition of Chief Justice Roberts and Justice Alito to the Court. Four justices are now strongly committed to ...