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24 Sep 2010, 9:56 am
Orin Kerr presents an interesting analysis of the contemporaneousness requirement by discussing the history of the Wiretap Act, its purpose as a criminal procedure statute and its relationship to the Stored Communications Act. [read post]
2 Apr 2010, 5:06 am
I applaud the efforts of my co-conspirators, Patrick at Popehat, Orin Kerr at Volokh Conspiracy (obviously, Kerr is a much more experienced conspirator than the rest of us), David Lat and Kash at Above the Law , Doug Mataconis at Below the Beltway, and Walter Olson at Overlawyered, who was there in reserve. [read post]
20 Apr 2008, 10:36 am
Orin Kerr at Volokh Conspiracy wonders if this decision can be squared with existing Commerce Clause precedent:I am not a Commerce Clause expert, but isn't this pretty clearly wrong under prevailing precedents? [read post]
19 Feb 2024, 1:38 pm
— Orin Reading the Fifth Circuit's decision in Netchoice v. [read post]
1 Dec 2012, 4:26 am
At Volokh Conspiracy, Orin Kerr discusses a good ruling out of the 9th Circuit in United States v. [read post]
5 Aug 2007, 5:36 pm
In writing approvingly of the FISA Amendment, Orin Kerr ignores these concerns: On the merits, I think this legislation on the whole seems relatively well done. [read post]
28 Oct 2009, 4:04 am
(bracketed material added) The Volokh Conspiracy post on the case, by Orin Kerr, here. [read post]
13 Jul 2023, 5:51 pm
See Kerr, Searches and Seizures, supra, 119 Harv. [read post]
25 Feb 2010, 4:55 am
Orin Kerr, who's become remarkably snarky lately, tried his hand at explaining. [read post]
21 Oct 2008, 6:13 am
Orin Kerr, lawprof blawger extraordinaire from the venerable Volokh Conspiracy, has joint H. [read post]
23 Jan 2012, 9:38 am
Here is a link to the Orin Kerr article referenced. [read post]
26 Jan 2010, 7:19 am
" Orin Kerr at the Volokh Conspiracy and Tony Mauro at the BLT also discuss the decision. [read post]
5 Jul 2012, 8:44 am
We welcomed our scholar-in-residence Orin S. [read post]
28 Feb 2011, 6:25 am
Recently on this blog, Orin Kerr suggested that Ashcroft v. al-Kidd is a “strange case” in that although “DOJ wants a ruling on whether it can use the material witness statute for national security reasons, DOJ is not making any arguments that actually relate to its national security detention powers,” arguing instead “that in the criminal law setting, courts permit pretextual seizures, and thus, based on those powers, DOJ should be allowed to use the… [read post]
30 Nov 2011, 11:15 am
For additional insightful commentary on the NYT article, check out the excellent links collected below (gavel bang to Walter Olson of Overlawyered), to posts from Professors Jonathan Adler (critical but fair), Matthew Bodie (funny and snarky), Orin Kerr (thoughtful and judicious), and Daniel Solove (thorough and persuasive). [read post]
8 Dec 2009, 7:00 am
PCAOB by Orin Kerr in The Volokh Conspiracy Transcript of the Oral Argument in Free Enterprise Fund v. [read post]
26 Nov 2007, 5:25 pm
Over at the VC, Orin Kerr ponders the question of whether using a YouTube video in one's blog can be a copyright violation. [read post]
11 Mar 2008, 6:50 pm
The debate is between Orin Kerr of George Washington Law School and of the Volokh Conspiracy and Dean of the Law School at Chicago, Saul Levmore, "the current president of the American Law Deans Association. [read post]
3 Jun 2013, 12:34 pm
As Professor Orin Kerr points out, Breyer and Scalia have been on opposite sides of every contested Fourth Amendment case this term:Justice Scalia has been on the defense side of every non-unanimous Fourth Amendment case this term: King (today’s case in which he wrote the dissent), Bailey (in which he joined the 6-3 majority), Jardines (in which he wrote the majority), and McNeely (in which he joined the Sotomayor plurality/majority opinion). [read post]
30 Jan 2014, 1:34 pm
As Professor Orin Kerr has explained, the pen-register statute was "written for the micro scale, not the macro scale"; because it is plainly aimed at narrow collection, its protections are correspondingly minimal. [read post]
