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4 May 2024, 6:36 pm
[Orin Kerr's reading of NY criminal law is overly broad and would chill constitutionally protected speech] My co-blogger Orin Kerr argues that the NY Falsifying Business Records law, Section 175.10 includes two elements: 1) falsifying business records; and 2) doing so "when the intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. [read post]
4 May 2024, 2:00 pm
[A reply to Steve.] [read post]
4 May 2024, 12:35 pm
[The 34 misdemeanor charges of falsifying business record to conceal some other crime clearly contemplate a violation of federal or state elections laws and that "other crime" is not a crime because of the First Amendment] My co-blogger Orin Kerr says that President Donald Trump's First Amendment rights are not being violated by the NY State prosecution of him because Trump is being prosecuted only for falsifying business records. [read post]
4 May 2024, 3:49 am
Orin Kerr says no. [read post]
3 May 2024, 11:09 pm
[A response to Steve Calabresi.] [read post]
1 May 2024, 3:59 pm
[A new lecture on a recurring topic.] [read post]
1 May 2024, 6:00 am
This week at Balkinization we are hosting a symposium on David Pozen's new book, The Constitution of the War on Drugs (Oxford University Press, 2024).We have assembled a terrific group of commentators, including Rachel Barkow (NYU), Paul Butler (Georgetown), Orin Kerr (Berkeley), Paul-Emile Kimani (Fordham), Jennifer Oliva (Iowa), Shaun Ossei-Owusu (Penn), Louis Michael Seidman (Georgetown), and Katherine Shaw (Penn).At the conclusion, David will respond to the commentators. [read post]
29 Apr 2024, 4:30 am
Kiel Brennan-Marquez (University of Connecticut - School of Law) & Julia Ann Simon-Kerr (University of Connecticut - School of Law) have posted Judging Demeanor (Minnesota Law Review, Vol. 109, (Forthcoming)) on SSRN. [read post]
26 Apr 2024, 1:55 pm
[A follow-up to my post last year on the inevitable discovery exception to the exclusionary rule.] [read post]
28 Mar 2024, 12:25 pm
Kerr on SSRN. [read post]
26 Mar 2024, 8:11 am
Rymas, and Ainsley Kerr of the Market Abuse Unit’s Analysis and Detection Center. [read post]
26 Mar 2024, 4:50 am
The search will fill a position temporarily vacated by Ombudsperson Maureen Helt and will report to Acting Ombudsperson Gemma Kerr. [read post]
25 Mar 2024, 6:39 pm
The bus was one of two from Kerr High School that were en route to a field trip. [read post]
24 Mar 2024, 9:58 am
Just 5% Is Common, Says Report (Michael Kavate, Inside Philanthropy) Health-Care Access Maverick to Lead [The] California Endowment (Alex Daniels, Chronicle of Philanthropy) Donor-advised funds: US regulators are scrambling to catch up with the boom in these charitable giving accounts (Brian Mittendorf, The Conversation) Anti-DEI Lawsuits Threaten Nonprofits, Philanthropies (Isaiah Thompson, Nonprofit Quarterly) The DUNA: An Oasis For DAOs (Miles Jennings and David Kerr,… [read post]
18 Mar 2024, 3:52 am
On the same day, Kerr J heard an appeal in the case of Chief Constable of Kent v McLoughlin, KA-2023-000118. [read post]
17 Mar 2024, 1:30 pm
" (My co-bloggers Orin Kerr and Ilya Somin also weighed in on some of these questions in 2010.) [read post]
16 Mar 2024, 1:57 am
["If you go in there without probable cause it will be an illegal search, you know that. [read post]
14 Mar 2024, 9:52 am
Kerr has a post titled “The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping; We should wait until we know what (if anything) is happening. [read post]
14 Mar 2024, 1:11 am
[We should wait until we know what (if anything) is happening.] [read post]
4 Mar 2024, 1:19 am
” Kerr J found that the statement did not carry a defamatory meaning at common law. [read post]
