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26 Feb 2014, 7:51 pm
Yesterday, the Supreme Court handed down Fernandez v. [read post]
25 Feb 2014, 7:52 pm
(Pix (C) Larry Catá Backer 2014)This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. [read post]
24 Feb 2014, 2:12 am by Laura Sandwell
Listed for two days from this morning in Courtroom 2 is the appeal of Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor, to be heard by L Hale, L Kerr, L Wilson, L Hughes and L Toulson. [read post]
18 Feb 2014, 11:16 am
The Massachusetts Supreme Judicial Court has issued a new decision interpreting the Massachusetts constitution to require a search warrant for access to a two-week span of historical cell-site information. [read post]
18 Feb 2014, 5:29 am by Amy Howe
Also at The Volokh Conspiracy, Orin Kerr outlines “some of the possible Fourth Amendment rules that the Court might consider” in United States v. [read post]
17 Feb 2014, 4:16 pm
The Supreme Court recently granted cert on two cases about how the Fourth Amendment applies to the search incident to an arrest of a cell phone found on a person arrested. [read post]
16 Feb 2014, 8:05 pm by Walter Olson
However, writes Orin Kerr, “the story ends up delivering considerably less than it promises. [read post]
16 Feb 2014, 12:41 pm
 (Co-Conspirator Orin Kerr occasionally posts at Lawfare; for my own part, when not blogging here at Volokh Conspiracy, I am otherwise known as His Serenity, Book Reviews Editor of Lawfare.) [read post]
15 Feb 2014, 11:59 pm
The front page of the Sunday New York Times features a new Snowden-based story that looks, at first blush, like a really big deal. [read post]
14 Feb 2014, 5:00 am by Will Bland, IV
The Ninth Circuit noted that the district court was required to consider some or all of the twelve Kerr factors in awarding fees: The Kerr factors are (1) the time and labor required; (2) the novelty and difficulty of the question involved; (3) the skill requisite to perform the legal service properly; (4) the preclusion of other employment by the attorney due to acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed… [read post]
10 Feb 2014, 12:03 pm
Fiona Alpins, who is a Deputy President of the Administrative Appeals Tribunal and a member of the Victorian Bar, gave this talk on June 4, 2013 at the Tax Bar Association dinner in honor of the Honorable Justice Kerr. [read post]
6 Feb 2014, 5:27 am
I’m guessing we all know that you don’t have a reasonable expectation of privacy in photographs that you post on the public Internet. [read post]
5 Feb 2014, 5:19 am
On Tuesday, the Fourth Circuit affirmed the terrorism convictions of three individuals who plotted to attack the U.S. [read post]
1 Feb 2014, 5:07 pm
Imagine a police officer pulls over a car for a routine traffic violation, such as speeding or driving with a broken taillight. [read post]
1 Feb 2014, 7:17 am by Lorene Park
A manager of a federal wildlife refuge who insisted that the Fish and Wildlife Service address a problem with staff alcohol abuse, which she believed led on employee to commit suicide, was forced to choose between reassignment to Anchorage or termination (Kerr v Jewell). [read post]
31 Jan 2014, 11:50 pm
I’ve blogged a few times about Lavabit’s pending Fourth Circuit challenge to a civil contempt order for its refusal to turn over encryption keys that the government wanted to enable the government to conduct surveillance of Edward Snowden. [read post]