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23 Apr 2012, 11:09 pm
The Court cited Kerr v. [read post]
23 Apr 2012, 3:05 pm
Maj Kerr: No, Your Honor. [read post]
23 Apr 2012, 2:29 pm
(Orin Kerr) Over at Bench Memos, Matthew Franck has an interesting post on “the strange turn George F. [read post]
23 Apr 2012, 2:00 pm
(Orin Kerr) A few days ago, David Bernstein mentioned David Schraub’s post explaining his disagreement with my view questioning the propriety of Judge Brown’s concurring opinion calling for a return to Lochner in Hettinga v. [read post]
23 Apr 2012, 10:11 am
(Orin Kerr) My friend and former colleague Jessica Herrera-Flanigan was on C-SPAN’s Washington Journal program this morning discussing pending cybersecurity legislation: [read post]
23 Apr 2012, 12:20 am
(para 143) Singh J concluded that the monthly reviews of HA’s detention, during which it was decided to maintain his detention, were inadequate and flawed and as such, not of “the quality or character required to justify the continuance of detention” – that phrase having been sourced from a passage in Lord Kerr JSC’s judgment in R (Kambadzi) v Secretary of State for the Home Office [2011] 1 WLR 1299, where his lordship said that it would be unlawful to… [read post]
22 Apr 2012, 9:07 pm
., milk regulations; Fisher, Kerr] Claim: "The Bachelor" TV franchise discriminates on basis of race [Jon Hyman] Chicago sold off municipal parking garages. [read post]
20 Apr 2012, 7:47 pm
Kerr (George Washington University - Law School) has posted The Mosaic Theory of the Fourth Amendment (Michigan Law Review, Forthcoming) on SSRN. [read post]
20 Apr 2012, 6:35 pm
And, as the Orin Kerr has written extensively about with respect to the Computer Fraud and Abuse Act, a broad reading of “unauthorized access” captures a lot of common activities under the purview of this legislation.The bill originally stated that information regarding the “theft or misappropriation of private or government information, intellectual property, or personally identifiable information” was considered cyber threat intelligence under the statute. [read post]
20 Apr 2012, 2:24 pm
While Brown’s radical views have long been known, her injection of those views into a judicial opinion has raised alarm bells even from conservatives like Orin Kerr, who writes in The Volokh Conspiracy that Brown “runs a risk of being perceived as blending political and judicial roles. [read post]
19 Apr 2012, 6:55 pm
(David Bernstein) David Schraub: Professor Kerr also expresses his discomfort with “the propriety of placing such views [after upholding a law, nothing that the law in question is a bad law and should, in a world of better constitutional law, be held unconstitutional] in the Federal Reporter instead of a law review or published speech. [read post]
17 Apr 2012, 9:35 am
(Orin Kerr) Justice Kagan’s opinion this morning in Caraco v. [read post]
17 Apr 2012, 12:50 am
The Easter Term 2012 starts on Tuesday 17 April, and the first listing is Fairclough Homes Ltd v Summers, due to be heard from 18 – 19 April 2012 by Lords Hope, Kerr, Clarke, Dyson and Reed. [read post]
11 Apr 2012, 1:08 pm
He refrained from pointing out, as Jeffrey Toobin did, that Smith’s behavior during the hearing on a challenge to the Affordable Care Act was a “disgrace,” or as Orin Kerr did, that it was “highly inappropriate” for Smith to ask the DOJ to defend political comments by President Obama about the Supreme Court’s review of the health care law totally outside of the scope of the record in the case. [read post]
11 Apr 2012, 11:22 am
Look instead to Orin Kerr — the victor in the Drew case, who has been sounding the alarm on the dangers of this statute for years — or to Jacob Sullum. [read post]
11 Apr 2012, 7:00 am
There was a remarkable amount of commentary about Nosal, with Professor Orin Kerr and The Wall Street Journal both expressing concern over its potential scope. [read post]
10 Apr 2012, 12:23 pm
HT: Orin Kerr at Volokh Conspiracy. [read post]
10 Apr 2012, 10:34 am
(Orin Kerr) The Ninth Circuit has just handed down its long-awaited en banc decision in United States v. [read post]
10 Apr 2012, 6:51 am
At the Volokh Conspiracy, Orin Kerr considers the possible meanings of judicial activism, concluding that “depending on how the decision might be written, a decision striking down the mandate could fairly be called activist in some ways but not in other ways. [read post]
9 Apr 2012, 3:12 pm
(Orin Kerr) If the Supreme Court strikes down the individual mandate, would that be an example of judicial activism? [read post]
