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Browsing Law Faculty Scholarship by Author "Loewy, Arnold H."

Browsing Law Faculty Scholarship by Author "Loewy, Arnold H."

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  • Loewy, Arnold H. (1974)
    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 ...
  • Loewy, Arnold H. (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, ...
  • Loewy, Arnold H. (Brandeis Law Journal, 2004)
    Professor Loewy identifies the three biggest problems with current criminal procedure casebooks. First, nearly all casebooks present the information in the wrong order. Second, is the lack of precise focus which includes ...
  • Loewy, Arnold H. (Stetson Law Review, 2011)
    In "Chief Justice Roberts (A Preliminary Assessment)", Professor Loewy explores Chief Justice John Roberts time as chief justice as both a leader and a jurist in his own right. Loewy finds that while Roberts does not stand ...
  • Loewy, Arnold H. (Boston University Law Review, 1963)
    On May 29, 1961, the Supreme Court in Gallagher v. Crown Kosher Super Market, and three companion cases, sustained the constitutionality of the Massachusetts Sunday Closing Laws. In so doing, it rejected the claim that the ...
  • Loewy, Arnold H. (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.
  • Loewy, Arnold H. (Penn State Law Review, 2005)
    In Hiibel v. Sixth Judicial Court, the Supreme Court held that a rural rancher/cowboy, lawfully parked by the side of the road, could be deemed a criminal simply for refusing to identify himself to a police officer, ...
  • Loewy, Arnold H. (West Virginia Law Review, 2007)
    David Crump should be commended for his prodigious effort in rethinking the law of homicide. I am particularly impressed by his call for abolishing "malice aforethought" as an independent element of murder. I am less sure ...
  • Loewy, Arnold H. (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 ...
  • Loewy, Arnold H. (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 ...
  • Loewy, Arnold H. (1979)
    Professor Arnold H. Loewy presents a simplified method of Equal Protection analysis, focusing on the nature of the group and the presence (or lack thereof) of a legitimate non-discriminatory purpose, to which the discriminatory ...
  • Loewy, Arnold H. (2007)
    It is occasionally argued that governmental limitations on support of speech—including the expression of groups that the government chooses to support with public funds, such as nonprofit organizations—should be the same ...
  • Loewy, Arnold H. (1994)
    In this article, Professor Loewy walks readers through the history of unprotected verbal speech and protected symbolic speech under Supreme Court rulings on the First Amendment. He first discusses the different classifications ...
  • Loewy, Arnold H. (North Carolina Law Review, 1989)
    This essay discusses Texas v. Johnson. In Johnson, a 5-4 majority of the Supreme Court of the United States upheld a protester’s right to burn the American flag on First Amendment grounds. Professor Loewy contends that the ...
  • Loewy, Arnold H. (1983)
    In this article, Professor Arnold H. Loewy discusses the issues that arise from approaching the Fourth Amendment based on its effects on guilty parties instead of innocent citizens. First, he discusses historical Fourth ...
  • Loewy, Arnold H. (2011)
    In this symposium issue introduction, Professor Arnold H. Loewy provides a brief overview of the history of the Fourth Amendment, the values it was intended to promote, and the exclusionary rule as a remedy for Fourth ...
  • Loewy, Arnold H. (Journal of Public Law, 1967)
    Q: Aren’t you glad that the Supreme Court has recognized that obscenity is not speech within the meaning of the first amendment and as such is not constitutionally protected? A: I most certainly am not! It seems to me ...
  • Loewy, Arnold H. (Brigham Young University Law Review, 2007)
    Free trade in ideas is tough medicine. It includes all sorts of things that we would rather not hear. In fact, it is typically only relevant when the government seeks to punish unusually bad speech. Let us examine why that ...
  • Loewy, Arnold H. (1993)
    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 ...
  • Loewy, Arnold H. (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 ...