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20 May 2011, 1:33 pm
(Orin Kerr) There are a lot of debates about “judicial activism” in which some question whether the term has real meaning. [read post]
30 Mar 2011, 11:51 am
(Orin Kerr) Back in 2009, I blogged about United States v. [read post]
11 Sep 2012, 9:23 am
Law Lessons from RYAN KERR, ET AL. [read post]
29 Jun 2011, 10:25 pm
(Ilya Somin) In a recent post, co-blogger Orin Kerr argues that the “presumption of constitutionality” accorded to congressional legislation weighs in favor of the federal government in the individual mandate cases. [read post]
31 Jan 2011, 8:51 pm
(Orin Kerr) I agree with Ilya that “Judge Vinson’s analysis of the Necessary and Proper Clause is a big improvement on Judge Henry Hudson’s performance in the recent Virginia ruling striking down the mandate. [read post]
19 Apr 2011, 11:39 am
(Orin Kerr) A group of law reviews — including the main law reviews at Harvard, Yale, Chicago, and Stanford — have announced that they are opposed to exploding offers of publication. [read post]
27 Nov 2008, 6:23 am
Orin Kerr at VC provides a short oversight of the verdict.By definition, a misdemeanor carries a maximum sentence of one year incarceration. [read post]
28 Dec 2023, 5:04 am
At Volokh Conspiracy, Orin Kerr raises an old question, first raised by Richard Posner 16 years ago. [read post]
18 Jul 2008, 6:57 am
A debate is raging between Orin Kerr and Sasha Volokh over the distinction of "is" versus "ought" in constitutional law. [read post]
6 Aug 2014, 12:07 pm
Here’s Orin Kerr’s post on this from late June: TechCrunch reports that Missouri voters will soon be asked to amend the state constitution to expressly include computer search and seizure protections. [read post]
8 Nov 2014, 6:55 am
Orin Kerr provided audio of this week’s oral arguments in Klayman v. [read post]
14 Apr 2010, 12:48 pm
(Orin Kerr) With law school spring exams around the corner, I wanted to blog on a common law school mistake on “issue spotter” exams: Writing too soon, and then writing too much on the facts at the top of the fact pattern. [read post]
4 Jun 2014, 5:37 am
At the WaPo Conspiracy, Orin Kerr wrote about a decision by Judge B. [read post]
30 Apr 2012, 11:51 am
(Orin Kerr) In 2011, the U.S. [read post]
11 May 2010, 3:45 pm
(Orin Kerr) A while back I blogged a bunch about whether the good faith exception to the exclusionary rule should apply when a search that is constitutional under existing law at the time of the search is ruled unconstitutional on direct appeal. [read post]
28 May 2024, 4:07 am
At Volokh Conspiracy, Orin Kerr raises an interesting point about what he calls “meaning assignment. [read post]
6 Oct 2011, 9:36 am
(Orin Kerr) In recent years, lower courts have struggled to figure out how the Fourth Amendment applies to the collection of DNA from a suspect to try to prove identity in a criminal case (typically in rape cases). [read post]
12 Feb 2009, 11:05 pm
A couple weeks ago, Orin Kerr of the Volokh Conspiracy raised the issue of what he perceived as the decline of law student blogs. [read post]
24 Oct 2011, 2:18 pm
(Orin Kerr) Newt Gingrich has some recommendations for reforming the Ninth Circuit:“Congress can say, ‘All right, in the future, the Ninth Circuit can meet, but it will have no clerks,’ ” Mr. [read post]
26 Feb 2016, 2:00 am
USA Today reports that the high court appeared to be split in a 4-4 deadlock at oral argument of a criminal case involving the exclusionary rule on Monday; Orin Kerr has more analysis of the legal issue here. [read post]
