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28 Jan 2015, 12:50 am
In this recent post, co-blogger Orin Kerr takes issue with my and others’ claims that there are originalist arguments for a constitutional right to same-sex marriage. [read post]
12 May 2012, 4:51 am by Blog  Editorial
On 8 to 10 May 2012 the Supreme Court (Lords Hope, Walker, Kerr, Clarke and Dyson) heard Glenn Mulcaire’s appeal against decision that he should provide information to claimants in the phone hacking litigation. [read post]
18 Aug 2010, 8:45 pm by Orin Kerr
(Orin Kerr) Yesterday, a divided panel of the Sixth Circuit decided a Fourth Amendment case on civil liability for police officers who respond to 911 calls to provide medical assistance. [read post]
12 Aug 2013, 11:34 am by Orin Kerr
(Orin Kerr) On Friday, the Obama Administration released a “white paper” articulating its case for the legality of the NSA call records program under Section 215 of the Patriot Act and under the Fourth Amendment. [read post]
30 Mar 2009, 3:44 pm
Orin Kerr has posted the second part of his technology neutral approach to applying the 4th Amendment to the motherboard over at Volokh, and provides some greater insight into his plan for the future of search and seizure law as applied to the digital world. [read post]
23 Jul 2012, 11:52 pm by Orin Kerr
(Orin Kerr) One of the major differences between traditional criminal investigations and network surveillance investigations is that network investigations generally require lots of lawyers and lots of court orders. [read post]
19 Feb 2010, 4:37 am by AdamSmith1776
The Law Society of England & Wales recently published Nick Jarrett-Kerr's Strategy for Law Firms: After the Legal Services Act, and Nick was kind enough to send me a copy for my perusal. [read post]
18 Aug 2013, 4:40 pm by Orin Kerr
(Orin Kerr) During the debate over the Aaron Swartz case, one of the legal issues was whether Swartz had committed an unauthorized access under the CFAA when he changed his IP address to circumvent IP address blocking imposed by system administrators trying to keep Swartz off the network. [read post]
5 Aug 2014, 6:31 am by Steve Vladeck
As I suspected it would, the exchange between my friend Orin Kerr and me on the constitutionality of the appellate review provisions in the Senate version of the USA FREEDOM Act has morphed into a broader conversation about whether the FISA Court itself is consistent with Article III. [read post]
14 Dec 2010, 12:16 pm by Orin Kerr
(Orin Kerr) One of the fascinating Fourth Amendment questions that courts have recently divided on is how the “search incident to arrest” exception applies to the search of a cell phone. [read post]
12 Jul 2012, 2:43 pm by Ilya Somin
(Ilya Somin) Various commentators, such as co-blogger Orin Kerr and Joel Alicea argue that the individual mandate case represents a sea change in conservative attitudes to judicial review. [read post]
11 Nov 2018, 8:02 pm by INFORRM
On 13 and 14 November 2019 the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge and Briggs) will hear the appeal in the most important defamation case if the year – Lachaux v Independent Print. [read post]
12 Mar 2012, 10:25 pm by Orin Kerr
(Orin Kerr) As regular readers know, I’m very interested in the new practice some magistrate judges have adopted of conditioning computer warrants on ex ante restrictions that they themselves create and attempt to impose on law enforcement. [read post]
20 Aug 2010, 2:48 am by SHG
Over at Volokh Conspiracy, lawprof Orin Kerr posts about the 6th Circuit decision in McKenna v. [read post]
17 Jul 2012, 6:23 pm by Orin Kerr
(Orin Kerr) Los Angeles has a municipal code provision requiring hotel operators to keep a list of guest names and to make that list available to the LAPD on request. [read post]
12 Jun 2019, 4:42 pm by INFORRM
As predicted by various commentators  giving a preview of the case (including in my previous post), the five Supreme Court judges (Lord Kerr, Lord Wilson, Lord Sumption, Lord Hodge and Lord Briggs) clarified the applicable law, but unanimously dismissed the appeals against the Court of Appeal decision ([2017] EWCA Civ 1334) on the facts. [read post]
9 Jan 2011, 2:24 pm by Orin Kerr
(Orin Kerr) Last week the Fifth Circuit handed down a significant decision on the “private search” doctrine in Fourth Amendment law, United States v. [read post]
18 Jan 2013, 2:56 pm by Andrew F. Sellars
Kerr has looked to three sources: code-based restrictions, contract-based restrictions, and norms-based restrictions. [read post]
11 Mar 2008, 6:50 pm
Levmore has already posted his first reactions to Kerr's article and and Kerr has replied.Kerr's major concern seems to be overcriminalization in a legal area where as he writes:"Computer crimes are so new that we just haven't figured out what we're criminalizing. [read post]