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16 Dec 2013, 10:40 pm by Orin Kerr
(Orin Kerr) Over at Dissenting Justice, Law prof Darren Hutchinson points out reasons that the DC Circuit might reverse Judge Leon without reaching the merits of the Fourth Amendment question he decided. [read post]
16 Dec 2013, 6:37 pm
Last month, the Supreme Court declined to hear an unusual challenge to the program by the Electronic Privacy Information Center, which had sought to bypass lower courts.ADDED: Orin Kerr has some sharp analysis:Judge Leon’s first and most fundamental move is to distinguish Smith v. [read post]
16 Dec 2013, 3:54 pm by Orin Kerr
(Orin Kerr) In this post, I’ll offer a few thoughts on Judge Leon’s remarkable opinion on NSA surveillance. [read post]
16 Dec 2013, 11:55 am by Orin Kerr
(Orin Kerr) And now for something completely different: In an astonishing opinion, Judge Leon of the DC District Court has held that the NSA’s bulk collection of telephony metadata violates the Fourth Amendment and has enjoined the entire program (stayed pending appeal). [read post]
16 Dec 2013, 1:52 am by Laura Sandwell
These ‘right to die’ cases will be heard by a panel of nine (L Neuberger, L Hale, L Mance, L Kerr, L Clarke, L Wilson, L Sumption, L Reed and L Hughes) from today until Thursday 19 December 2013. [read post]
14 Dec 2013, 5:54 pm by Howard Friedman
Orin Kerr and David Kopel both analyze the case at Volokh Conspiracy. [read post]
14 Dec 2013, 1:35 am by David Kopel
The GWU faculty lounge may soon see an interesting discussion about the case between Professors Kerr and Turley. [read post]
13 Dec 2013, 1:07 pm by Orin Kerr
(Orin Kerr) According to this story, dozens of computers of diplomats from countries including the Czech Republic, Portugal, Bulgaria, Hungary and Latvia had their computers infected with a virus designed to extract information when they were at the G20 summit in Paris in February 2011. [read post]
11 Dec 2013, 7:51 am by Joy Waltemath
Reversing the district court’s dismissal of her claims on summary judgment, the appeals court ruled that she presented sufficient evidence of pretext and that her disclosures were protected under the WPA as originally enacted in 1989 (Kerr v Jewell, December 9, 2013, per curiam). [read post]
10 Dec 2013, 4:30 pm by Orin Kerr
(Orin Kerr) One of my favorite jazz musicians has died: Jim Hall, one of the great jazz guitarists. [read post]
10 Dec 2013, 3:28 pm by Orin Kerr
(Orin Kerr) I mentioned a while ago that the two cert petitions on cell phone searches incident-to-arrest were calendared for December 6. [read post]
9 Dec 2013, 8:05 am by Ilya Somin
This list is not intended to slight important books by Ken Anderson, Orin Kerr, David Kopel, David Post, and others, which I have not discussed only because their subjects are further from my areas of expertise than the above. [read post]
5 Dec 2013, 2:55 am by Bryan Heaney
The justices that heard the case are Lady Hale and Lords Kerr, Wilson, Hughes and Hodge. [read post]
5 Dec 2013, 2:55 am by Bryan Heaney
The justices that heard the case are Lady Hale and Lords Kerr, Wilson, Hughes and Hodge. [read post]
4 Dec 2013, 9:08 pm by Orin Kerr
(Orin Kerr) This is a follow-up to this morning’s post on United States v. [read post]
4 Dec 2013, 11:53 am by Orin Kerr
(Orin Kerr) The story, “If Obamacare is overturned, a Case Western law professor gets the credit”, begins: If the law known as Obamacare gets struck down in the latest court challenge, the victors will thank a Hudson resident and Case Western Reserve University law professor who discovered what the law’s critics say is a major flaw. [read post]
4 Dec 2013, 10:11 am by Orin Kerr
(Orin Kerr) Yesterday the Fourth Circuit handed down an interesting Fourth Amendment decision in United States v. [read post]