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29 Sep 2008, 8:13 pm
Gelbach Update: Here's my response to Orin Kerr's comment below (for some reason I can't get this comment to stick, so I'm using an update). [read post]
30 Nov 2011, 7:30 am
Briefly: At this blog, Orin Kerr previews next week’s argument in Messerschmidt v. [read post]
2 Apr 2012, 6:48 am
At the Volokh Conspiracy, Orin Kerr rejects claims that legal elites were surprised by the oral arguments because they are out of touch with conservative thought. [read post]
20 Oct 2008, 6:30 am
The product is that the forces that are pushing kids to engage in this destructive behavior will not be effectively addressed, both on their end as well as society's, while creating a new class of unintended criminal out of our own children.When this story filtered up to Orin Kerr at Volokh (it took a while), I would have expected some biting libertarian commentary. [read post]
18 Oct 2012, 9:05 am
Cybersecurity Posts and Articles: Orin Kerr and Stewart Baker have dueling posts on The Volokh Conspiracy this past week about the legality of counter-hacking, i.e., hacking the hackers. [read post]
16 Dec 2014, 5:52 am
(But check out this interesting post about Heien by Professor Orin Kerr, asking in part, “how much law does a reasonable police officer know? [read post]
10 Jul 2013, 11:52 am
In an earlier post, Orin Kerr suggested in the comments that some of these numbers may be coming from warrants used to obtain e-mails or to use GPS tracking devices. [read post]
5 Aug 2023, 3:42 pm
As noted there, and more fully described by Orin Kerr, there is in fact extensive evidence that Trump knew he had lost. [read post]
26 Dec 2009, 3:43 am
This is the conflict between the "technology neutral" approach espoused by Orin Kerr, which would apply existing 4th Amendment law (and naturally the exceptions to the law) rather than develop a new jurisprudence that accommodates the distinctions between current and developing technology, the digitized information that can be found on any new device commonly used, from cell phones to PDAs to computers, and the physical world. [read post]
28 Mar 2012, 6:52 am
Levey; USA Today; the Associated Press; Jess Bravin, Janet Adamy, and Brent Kendall of the Wall Street Journal; the New Republic; NPR; ABC News (here and here); the National Law Journal; McClatchy Newspapers; the Atlantic; New York Magazine; Slate; Forbes; MSNBC; Politico; ACSblog; Orin Kerr, Ilya Somin, and David Bernstein of the Volokh Conspiracy; Constitutional Law Prof Blog; Salon; Balkinization; Blog of the Legal Times; and Concurring Opinions. [read post]
10 Oct 2011, 8:09 am
Orin Kerr, one of the nation’s leading Fourth Amendment experts, said Brown should have backed the state’s Legislature. “I think Governor Brown has it exactly backwards. [read post]
12 Jun 2021, 7:32 am
” To paraphrase Orin Kerr, there are lots of access processes that are basically speed bumps. [read post]
11 Apr 2010, 4:24 am
Orin Kerr, for examples, notes the hugely divergent backgrounds of the frontrunners, Elena Kagan would also bring notable educational diversity to the Court. [read post]
22 Mar 2011, 7:49 am
Circuit, while Lyle Denniston of this blog explores the complex arguments advanced by Orin Kerr in Davis. [read post]
18 May 2007, 7:06 am
The Miami Herald (via Orin Kerr at Volokh who hated the piece);Our case hasn't settled and we believe we have the all-clear for litigation, so off we go:We need to carefully consider the causes of action for that medical malpractice case, because it might also be a breach of warranty case as Jacob Goldstein of the WSJ HealthBlog notes in A Warranty for Heart Surgery;We also need to make sure we have the right parties. [read post]
20 Jan 2011, 4:53 pm
(For much more on this, see this article by Orin Kerr.) [read post]
1 May 2009, 8:38 am
As Orin Kerr pointed out, there is a reason that a wildly-popular collection of his opinions is called Scalia Dissents. [read post]
13 Jan 2011, 8:00 am
After what the Volokh Conspiracy’s Orin Kerr describes as a “messy” oral argument, most journalists and commentators predict that the Court will uphold the warrantless search. [read post]
3 May 2022, 3:33 pm
As [Orin] Kerr points out, obviously, if someone obtained the copy through a hack—a remote but not impossible proposition since Politico's national security correspondent placed his name on the story's byline—or stole a physical copy of the draft opinion, those are clearly crimes. [read post]
21 Oct 2009, 8:13 am
Orin Kerr at The Volokh Conspiracy discusses the similarity between the Chief Justice’s dissent in this case and his dissent from the denial of cert. last year in Pennsylvania v. [read post]