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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]
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]
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
” And at “The Volokh Conspiracy,” Orin S. [read post]
14 Mar 2024, 1:11 am
[We should wait until we know what (if anything) is happening.] [read post]
2 Mar 2024, 1:04 pm
[A comment on a mistaken way to limit computer searches— focusing on People v. [read post]
1 Mar 2024, 7:26 pm
(Miguel Juarez Lugo/ZUMAPRESS/Newscom) Earlier today, as Orin Kerr notes, federal district court Judge David Alan Ezra issued a decision holding—among other things—that illegal migration does not qualify as "invasion" under the Constitution. [read post]
29 Feb 2024, 3:25 pm
[A follow-up.] [read post]
27 Feb 2024, 3:48 am
(Thanks to Orin Kerr for flagging it on Twitter.) [read post]
26 Feb 2024, 4:43 pm
[A thought on the old days.] [read post]
23 Feb 2024, 3:39 pm
[A partial response to my friend and co-blogger Orin Kerr.] [read post]
21 Feb 2024, 5:15 pm
[Now out in the University of Pennsylvania Law Review.] [read post]
19 Feb 2024, 1:38 pm
— Orin Reading the Fifth Circuit's decision in Netchoice v. [read post]
