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9 May 2024, 3:41 am by SHG
As noted by Orin Kerr at VC, do judges have a role, any role, to play in this melodrama? [read post]
8 May 2024, 11:36 pm by Orin S. Kerr
Of course, if judges want to weigh in on law reform questions, or write law review articles or other legal commentary, that's of course fine. [read post]
4 May 2024, 6:36 pm by Steven Calabresi
[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 by Orin S. Kerr
  One thought I have in response is that there's a pretty interesting interpretive question raised by Steve's argument. [read post]
4 May 2024, 12:35 pm by Steven Calabresi
[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]
3 May 2024, 11:09 pm by Orin S. Kerr
  (To put a new spin on an old saying: it's not the coverup, it's the covering-up of the coverup.) [read post]
1 May 2024, 3:59 pm by Orin S. Kerr
Officials seize a suspect's computer at the border, but they lack the expertise to search it there. [read post]
1 May 2024, 6:00 am by JB
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… [read post]
26 Apr 2024, 1:55 pm by Orin S. Kerr
  Here's the Question Presented: Before government agents can search a private home, the Fourth Amendment generally requires them to obtain a warrant supported by probable cause. [read post]
17 Mar 2024, 1:30 pm by Jonathan H. Adler
" (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 by Orin S. Kerr
Axel Foley (Eddie Murphy's character) is a Detroit cop on vacation who is trying to investigate his friend's murder. [read post]
1 Mar 2024, 7:26 pm by Ilya Somin
 (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 by Orin S. Kerr
Back in December, after Texas Governor Abbott signed into law an immigration enforcement law, S.B. 4, Josh Blackman and I had dueling posts (Josh's here, mine here) on whether S.B. 4 was preempted by federal law under the Supreme Court's decision in Arizona v. [read post]