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19 Mar 2012, 6:31 am
Prolific ECPA scholar Professor Orin Kerr used that arguement in an amicus brief he filed to support the government's case. [read post]
13 Dec 2010, 11:26 am
Orin may be along shortly to note that given the identity of the author, the Justices are probably taking a close look at this one. [read post]
28 Mar 2012, 6:52 am
Smith, addressing the constitutionality of a Wisconsin law barring prison doctors from providing inmates with hormone treatment or sex reassignment surgery, while the Associated Press (via the Washington Post) covers the Court’s cert. denial in a Nebraska death row case which inspired the film “Boys Don’t Cry. [read post]
5 Aug 2015, 2:35 pm
“Unlike the bank records in Miller or the phone numbers dialed in Smith, cell-site data is neither tangible nor visible to a cell phone user. [read post]
14 Sep 2020, 9:49 am
The government argued, and the district court found, that the third-party doctrine of Smith v. [read post]
13 Sep 2010, 11:52 am
But the government has argued (with some success in a few lower court cases) that the Smith and Miller precedents make the case easy (and Orin Kerr has agreed in a recent posting). [read post]
6 Sep 2022, 6:56 am
It does not exhaust, limit, and replace the previous principle that equity will not enjoin a criminal proceeding, but instead applies it to a particular kind of federal-on-state intervention (on the federalism dynamics for equitable intervention, see especially the work of Kellen Funk and Fred Smith). [read post]
28 Dec 2013, 5:00 am
On the Fourth Amendment, Judge Pauley’s opinion also counsels a salutary caution on the premature burial of Smith v. [read post]
22 Sep 2008, 10:21 am
See, for example Orin Kerr and Paul Ohm. [read post]
16 Mar 2022, 7:33 am
So I'll take this opportunity to add a few additional doctrinal critiques to Orin's excellent summary. [read post]
30 Nov 2017, 12:31 pm
So, if we put aside the reasonable expectation approach for just a moment, Katz, Miller, Smith, and ask what is the property right here, let’s say there is a property right. [read post]
25 Jun 2018, 3:00 am
Miller, 425 U.S. 435 (1976), and pen register information, see Smith v. [read post]
17 Sep 2013, 6:03 pm
An individual has no legitimate expectation of privacy with respect to telephone numbers he dialed and thereby conveyed to the company, the Supreme Court concluded in Smith. [read post]
24 Jan 2009, 1:33 pm
See Smith v. [read post]
5 Dec 2011, 6:30 am
Millender (which Michael Smith previewed for this blog and Orin Kerr also analyzed), it will address police immunity for carrying out overbroad search warrants. [read post]
26 Apr 2009, 7:51 pm
Indeed, in Smith v. [read post]
1 Aug 2017, 7:20 am
But the “third-party doctrine” as found in Smith v. [read post]
31 Mar 2010, 6:50 am
Orin Kerr has a substantial post at the Volokh Conspiracy about City of Ontario v. [read post]
12 Aug 2011, 8:27 am
See Orin S. [read post]
