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10 May 2015, 6:20 pm
" Yishai Schwartz has a post titled "'Reasonable Search' or 'Reasonable Expectation of Privacy': A Brief Reply to Orin Kerr on the 2nd Circuit's Decision. [read post]
10 May 2015, 9:30 am
Within hours, Orin Kerr pointed out that this rumination was “a little odd. [read post]
9 May 2015, 8:11 am
So it comes as no particular surprise that a three-judge panel of the Second Circuit Court of Appeals has ruled that the word “relevant” will not support the weight the government places on it—and for much the same reason that Orin Kerr, I, and many others argued from the beginning that the program stands on shaky statutory grounds. [read post]
9 May 2015, 6:25 am
Ben posted the Court’s 97-page opinion, and Orin Kerr linked us to his take on the decision over at the Volokh Conspiracy. [read post]
8 May 2015, 1:04 pm
Yesterday, FBI Director James Comey said that federal law enforcement officials determined hours before the cartoon contest in Garland, Texas that one of the gunmen had expressed interest in going to the event. [read post]
7 May 2015, 1:24 pm
And at "The Volokh Conspiracy," Orin Kerr has a post titled "Second Circuit rules, mostly symbolically, that current text of Section 215 doesn't authorize bulk surveillance. [read post]
7 May 2015, 10:35 am
Edward Snowden’s biggest leak was that the Foreign Intelligence Surveillance Court had interpreted Section 215 of the Patriot Act to authorize bulk collection of everyone’s phone records. [read post]
7 May 2015, 6:53 am
Orin Kerr has thoughts on Davis here. [read post]
6 May 2015, 10:29 pm
With law school applications down and a number of law schools struggling, there has been speculation about whether or how many schools might close. [read post]
6 May 2015, 10:15 am
I’m working on a new law review article about the internal procedures that Internet providers follow when executing search warrants for content. [read post]
6 May 2015, 5:03 am
My ersatz law clerk, Orin Kerr, has dutifully described the underlying circumstances of the case, the arguments and the holding, and done a damn fine job of it, I might add, if you don’t mind his gratuitous insertion of his pet mosaic theory. [read post]
5 May 2015, 9:05 pm
Pretty much the sort of stunt you’d expect from Maricopa County Sheriff Joe Arpaio [Arizona Republic, Phoenix New Times, ABA Journal, our coverage of Arpaio over the years] “State ‘Competitor Veto’ Laws and the Right to Earn a Living” [Tim Sandefur, Mercatus] Mississippi lawyer Dickie Scruggs gives first post-prison interview [Jackson Clarion-Ledger] New book by Judge and former Senator James Buckley makes case for eliminating federal grants to states [George… [read post]
5 May 2015, 3:42 pm
" At "The Volokh Conspiracy," Orin Kerr has a post titled "Eleventh Circuit rules for the feds on cell-site records -- but then overreaches. [read post]
5 May 2015, 12:01 pm
The en banc Eleventh Circuit has ruled that historical cell-site records are not protected by the Fourth Amendment under the third-party doctrine. [read post]
3 May 2015, 9:56 pm
I have posted a draft of a new article, Norms of Computer Trespass, forthcoming in the Columbia Law Review. [read post]
1 May 2015, 12:07 pm
Kerr, 1986. [read post]
28 Apr 2015, 9:15 pm
I’ve given several talks in the last few weeks about recent developments in Fourth Amendment law, and how Fourth Amendment law may be changing in response to computers and new technology. [read post]
28 Apr 2015, 11:28 am
Here’s a look at the results of the blog reader poll on same-sex marriage. [read post]
27 Apr 2015, 9:43 pm
With the same-sex marriage cases being argued, here’s a reader poll that repeats one I conducted in 2010. [read post]
27 Apr 2015, 7:25 am
I summarized the various originalist arguments for same-sex marriage in this post, which led to an exchange with co-blogger Orin Kerr (see here for the last post in the debate, which contains links to earlier ones). [read post]
