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3 Apr 2012, 2:48 am
Via Ilya Somin at Volokh Conspiracy: Both Dave Hoffman and Orin Kerr have recently suggested that some of the liberal legal commentators who claimed that the individual mandate was a slam dunk case for the government were doing so for the purposes of “shaping the narrative” about the case, and may not have actually believed what they said. [read post]
28 Feb 2014, 4:27 am
At the WaPo Conspiracy, Orin Kerr analyzes the opinion from the physical presence angle, which makes sense given the question presented, but neglects to consider the nature of consent versus assertion of rights. [read post]
25 Jan 2011, 3:06 am
Of course, had there been no dash cam, or had the cop not shot off his mouth on camera about why he stopped Prokupek, thus establishing a baseline upon which his hearing testimony could be revealed as wholesale fiction, or better still, having adequately prepared for the hearing by making sure his two stories lined up, there outcome would have been the opposite.As Orin Kerr notes in his discussion, there would have been no basis for reversal in the absence of this "objective… [read post]
22 Apr 2015, 6:35 am
Professor Orin Kerr argues here that the case “is more important for its impact on police asking questions than [for its impact on the] use of drug-sniffing dogs,” because dog sniffs are uncommon but questions about matters unrelated to the basis for the stop are asked “all the time. [read post]
23 Apr 2014, 4:18 am
Orin Kerr at WaPo Conspiracy: Justice Thomas writes, “under the totality of the circumstances, we find the indicia of reliability in this case sufficient to provide the officer with reasonable suspicion that the driver of the reported vehicle had run another vehicle off the road. [read post]
28 Apr 2010, 7:50 pm
Orin Kerr linked to it at The Volokh Conspiracy. [read post]
12 Aug 2011, 8:27 am
See Orin S. [read post]
12 Oct 2012, 9:30 am
And in a post from July that I missed, Professor Orin Kerr, one of the leading voices for that narrower version of the CFAA, gave his take on recent decisions and legislative developments for The Volokh Conspiracy (a hat tip to Kenneth Vanko for posting this article). [read post]
8 Oct 2009, 11:17 am
I really liked an Orin Kerr post from awhile back, and wanted to follow it up here. [read post]
7 Jul 2007, 9:35 am
Orin Kerr has usefully analogized the distinction between the non-content / content information to that between an envelope and the contents of a letter. [read post]
5 Jan 2012, 1:18 pm
In fact, some commentators who heard the oral argument have judged the ultimate ruling in Jones as too close to call, including criminal law expert Orin Kerr, and Greg Nojeim, Senior Counsel for the Center for Democracy and Technology. [read post]
3 Mar 2011, 6:54 am
At the Volokh Conspiracy, Orin Kerr is “pretty certain” that the Court will “reverse on immunity grounds,” while Adam Liptak of the New York Times agrees that the “Justices’ lack of engagement at the argument probably signaled a victory for the government. [read post]
2 Sep 2015, 6:07 am
At Volokh Conspiracy, Orin Kerr dives deep into the study purportedly relied upon by Liptak. [read post]
28 May 2015, 5:08 am
Orin Kerr explains that there is caselaw support for the sophistry behind this decision: On one hand, this new decision isn’t a big surprise. [read post]
26 Aug 2009, 7:48 am
But as Orin Kerr at The Volokh Conspiracy suggests, it's far from clear that magistrates have the authority to refuse to issue search warrants because the government won't accept advance limitations on how they are executed. [read post]
14 Apr 2007, 3:05 pm
Tamura, 694 F.2d 591 (9th Cir. 1982); [*112] Orin S. [read post]
6 Sep 2022, 6:56 am
Yesterday a federal district court granted President Trump's request for a special master to review material seized from his Mar-a-Lago estate, and the court also temporarily enjoined the Government "from further review and use of any of the materials seized from Plaintiff's residence on August 8, for criminal investigative purposes" (page 23). [read post]
13 Dec 2008, 6:20 am
I'm not the only one who has this problem with commenters, as Orin Kerr and Walter Olson have both recently taken strong positions about ridding themselves of the nuisance. [read post]
23 Jan 2007, 10:00 am
Greetings, sportsfans! [read post]
4 May 2012, 3:13 am
Rob WeinerMuch ink has been spilled, or electrons rearranged, debating whether the Supreme Court’s decision on the Affordable Care Act will be restrained or activist, principled or political, injurious or harmful. [read post]
