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24 Jan 2013, 9:01 pm
On the other side, George Washington University Law School Professor Orin Kerr believes that the laws relied on by the prosecutors were appropriate, based on the known facts, and while Kerr does not find the tactics used by the Boston prosecutors unusual, he does not believe their aggressive tactics should been blamed for Aaron’s suicide. [read post]
25 Feb 2010, 10:07 am
This is especially tricky because the facts are still very much unclear, but I’m going to follow Orin Kerr in assuming that the facts are roughly as follows. [read post]
30 May 2011, 10:15 am
” Orin Kerr disagrees, urging that “[t]he Court did not consider whether the warrantless entry was constitutional,” but merely “considered the right test for police-created exigent circumstances. [read post]
'Standing up for Mr. Nesbitt,' tracking the cell-phone trackers, and other digital forensics stories
26 Nov 2012, 9:51 am
MORE: Orin Kerr at the Volokh Conspiracy calls the NYT article "somewhat confusing," while Scott at Simple Justice says mostly the article is confusing because the law is confusing.* * *Meanwhile, on a related topic, see an item from the Wall Street Journal published last month (Oct. 22) titled "Judge Questions Tools that Grab Cell Phone Data on Innocent People. [read post]
10 Feb 2017, 12:07 pm
Bodily integrity linked to autonomy, dignity, and identity—the extended mind is also an extension of the body.Consistent w/other theories; passes Orin Kerr’s test of being tech neutral in the sense that you don’t gain a benefit as a criminal by using digital tech.Many people agree that the 3d party doctrine should be curtailed but we haven’t had a theory w/a judicial impact. [read post]
16 Apr 2014, 5:22 am
’ Orin Kerr, 4th Amendment Seizures of Computer Data,119 Yale L.J. 700 (2010). [read post]
4 Mar 2013, 9:36 am
But the standard also may need to be narrower because, as Orin Kerr and others have argued, taken to extremes the mosaic theory could prevent long-term physical surveillance by actual police officers. [read post]
10 Dec 2019, 4:50 pm
ONGOING SURVEILLANCE As Peter Swire and Orin Kerr, two noted scholars on ECPA, have flatly stated, “Congress never intended the Stored Communications Act to govern ongoing surveillance. [read post]
29 Jul 2007, 12:11 am
I'm grateful to Orin Kerr for raising this possibility, and for having earlier explained, in a slightly different context, why such a "consent" theory would have been a legal non-starter. [read post]
27 Jul 2008, 10:36 am
" Orin then explained that [read post]
24 Aug 2008, 4:15 am
"The elements are very easy for the government to prove," said Orin Kerr, a George Washington University law professor.In Ward's case, his lawyer, Doron Weinberg, argues the radio celebrity was downloading child porn and entering chat rooms as part of a journalism project to explore the issue. [read post]
21 Oct 2010, 5:00 am
Andrews) (Winter 2011); Andrea Lyon (DePaul) (Winter 2011); Christopher McCrudden (University of Oxford) (Fall 2010) Michigan State: Phillip Pucillo (formerly Ave Maria) (2010-11) North Carolina: Jarod Gonzalez (Texas Tech) (Spring 2011) Notre Dame: Peter Alexander (Southern Illinois) (Fall 2010); Roger Alford (Pepperdine) (Fall 2010); Margaret Chon (Seattle) (Fall 2010); Tahirih Lee (Florida State) (Spring 2011); Avishalom Tor (Haifa University) (Fall 2010)… [read post]
2 Jan 2011, 4:41 am
Did you see Orin Kerr's recent post, "Legal Analysis of the NSA Domestic Surveillance Program"? [read post]
25 Jan 2012, 8:30 am
In this post on Monday, I summarized my understanding of the issues that the Court decided in the Jones GPS tracking decision and the other issues it left open. [read post]
7 Oct 2009, 6:59 am
Volokh has also posted video of a recent Federalist Society Supreme Court preview panel, featuring Orin Kerr, Nick Rosenkranz, Gene Schaerr, and Cleta Mitchell, and moderated by Robert Barnes. [read post]
3 Apr 2018, 9:01 pm
USC Law Professor Orin Kerr appeared to labor under this misunderstanding when he wrote that “Reinhardt writes like there is no Supreme Court, and as a result his opinions have a remarkable ability to annoy the Justices. [read post]
5 Nov 2011, 3:27 am
Not to be ignored, Bob Keach also commented, though his appears at Orin Kerr's post on this subject at Volokh Conspiracy: Bob Keach says: Counselors, While I am reluctant to enter the fray here, I have been the victim of an unfair hatchet job in the Wall Street Journal, which clearly wrote its story to make lawyers, namely me, look bad. [read post]
1 Dec 2014, 4:27 am
At Volokh Conspiracy, Orin Kerr challenges the accuracy of Citron’s number. [read post]
7 Feb 2011, 3:00 pm
As Orin Kerr has brilliantly pointed out, “people who disagree with me are just arguing in bad faith. [read post]
11 Mar 2018, 5:30 pm
Thoughts on First-Generation Internet Law, Orin S. [read post]