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8 Nov 2011, 11:14 pm by Orin Kerr
(Orin Kerr) The Justices of the Supreme Court will meet soon to offer preliminary votes in United States v. [read post]
13 Aug 2011, 4:13 pm by Orin Kerr
(Orin Kerr) When a court hands down a 207-page majority opinion on a Friday afternoon in August, close scrutiny of its reasoning in the blogosphere generally waits for Monday. [read post]
3 Aug 2010, 12:29 pm by Orin Kerr
(Orin Kerr) Salon’s Glenn Greenwald has an interesting post about a group called “Project Vigillant,” which it seems is some sort of volunteer private-sector group that tracks hackers (and perhaps other bad guys). [read post]
27 Mar 2011, 12:55 pm by Orin Kerr
(Orin Kerr) Commenter Richard Riley brings up an interesting point I haven’t seen mentioned before: Justice Scalia’s concurrence in Cruzan v. [read post]
26 May 2018, 4:23 am by SHG
Orin Kerr famously wrote “brilliant people agree with me. [read post]
21 Aug 2012, 11:46 pm by Orin Kerr
(Orin Kerr) The Fourth Circuit decided a very interesting Fourth Amendment case last week on the constitutionality of DNA testing, the scope of the plain view exception, and the scope of the exclusionary rule. [read post]
29 Jun 2011, 12:21 pm by Orin Kerr
(Orin Kerr) Of all the judges tasked with assessing the constitutionality of the individual mandate, the one to watch so far has been Judge Jeffrey Sutton of the Sixth Circuit. [read post]
21 Feb 2011, 8:52 pm by Orin Kerr
(Orin Kerr) Next week, the Supreme Court will be hearing oral argument in Ashcroft v. [read post]
11 Aug 2011, 4:31 pm by Orin Kerr
(Orin Kerr) Thanks to Lyle Denniston, I learned today that the Justice Department has just filed its brief in United States v. [read post]
19 Sep 2011, 5:12 pm by Orin Kerr
(Orin Kerr) One of the common claims made by opponents of the individual mandate is that it is “unprecedented” — and therefore constitutionally suspect — for Congress to use the Commerce Clause power to mandate the purchase of a product. [read post]
9 Oct 2014, 3:08 am by SHG
In deconstructing the tête-à-tête between Judge Richard Kopf and Lawprof Orin Kerr the other day, I noted the “remarkable deference” shown police safety by the judge. [read post]
27 Sep 2011, 10:18 am by Orin Kerr
(Orin Kerr) The New York Times has a story on the police “stop and frisk” policies in New York City that states:Critics say that as part of the Police Department’s stop-and-frisk policy, officers routinely tell suspects to empty their pockets and then, if marijuana is displayed, arrest them for having the drugs in public view, thereby pushing thousands of people toward criminality and into criminal justice system.Over at Prawfs, Dan Markel notes the serious… [read post]
24 Jul 2012, 10:04 pm by Orin Kerr
(Orin Kerr) Imagine a defendant in a child pornography case has two computers in his home. [read post]
18 Dec 2011, 9:46 pm by Orin Kerr
(Orin Kerr) I’ve blogged a lot about the Ninth Circuit’s en banc case in United States v. [read post]
26 Apr 2010, 11:01 pm by Orin Kerr
(Orin Kerr) To no one’s surprise, California state law enforcement officials obtained a warrant and executed it at the home of Jason Chen, the Gizmodo editor who filed the story analyzing the next-generation iPhone that Gizmodo paid $5000 for after it was apparently lost in a bar. [read post]