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10 Feb 2017, 7:34 am by MATHEW PURCHASE
The minority (Lady Hale and Lords Kerr and Clarke) considered that the notice read like a mere request and should have been firmer: paragraphs 103, 122, and 155. [read post]
28 Nov 2006, 9:04 pm
See also Dvorak Uncensored and Orin Kerr. [read post]
30 Aug 2010, 11:46 pm by Orin Kerr
(Orin Kerr) A few federal court opinions have been making a big public splash recently by taking surprising positions on how the Fourth Amendment applies to location surveillance. [read post]
17 Dec 2011, 11:03 am by Alasdair Henderson
Edwards v Chesterfield Royal Hospital and Botham (FC) v Ministry of Defence [2011] UKSC 58 – read judgment. [read post]
”) Lord Kerr, like Stephens J at first instance, noted that that was not an immutable requirement as the ECtHR had stated in  Mocanu v Romania (10865/09) (2015) 60 EHRR 19 (Paras 107-108 of Lord Kerr’s judgment) and as the Supreme Court had found in McCaughey’s case (See paras 118, 119 and, in particular, 139 of McCaughey’s case). [read post]
11 Jul 2011, 3:51 am by SHG
” Under the principle of the venerable case of Martin v. [read post]
9 Nov 2010, 2:39 am by SHG
Further, past Supreme Court cases have presupposed understandings of the technology: In Smith v. [read post]
10 Feb 2020, 3:09 pm by Orin S. Kerr
In late March, the Supreme Court will hear argument in a Fourth Amendment case, Torres v. [read post]
24 Feb 2018, 5:57 am by William Ford
Orin Kerr shared three final thoughts to consider before Tuesday’s oral arguments in the case. [read post]
14 May 2020, 1:13 am by CMS
This is because the case will be suitable to proceed as a class action if some issues, including common impact, may be resolved for a class of people using common evidence at a common issues trial. [read post]
19 May 2017, 4:10 am by Edith Roberts
” At The George Washington Law Review’s On the Docket, Roger Fairfax looks at Nelson v. [read post]
19 Jul 2012, 6:05 am by Cormac Early
Over at the Volokh Conspiracy, Orin Kerr has video of a recent conference of privacy law scholars on the “mosaic theory” of Fourth Amendment searches, which was embraced by the two concurring opinions in United States v. [read post]