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17 Dec 2011, 8:42 am
However, the point was that “a claimant must to the best of his or her ability give such information to the [local authority] as he reasonably can, in default of which a contrary inference can always be drawn” (Kerr v Department for Social Development [2004] UKHL 23, [63], Baroness Hale, citing CIS/5321/1998).I’ll leave it there but suffice to say that things aren’t looking good for MB, and one might suspect that she will need to have Mr Robertson on speed… [read post]
17 Dec 2011, 8:42 am
However, the point was that “a claimant must to the best of his or her ability give such information to the [local authority] as he reasonably can, in default of which a contrary inference can always be drawn” (Kerr v Department for Social Development [2004] UKHL 23, [63], Baroness Hale, citing CIS/5321/1998).I’ll leave it there but suffice to say that things aren’t looking good for MB, and one might suspect that she will need to have Mr Robertson on speed… [read post]
16 Dec 2011, 7:11 am
Orin Kerr (an expert in such matters) opines: I hope the Ninth Circuit grants rehearing [they did], as I think the Nosal case is both wrong on the law and deeply troubling for civil liberties in the Internet age. [read post]
15 Dec 2011, 2:00 pm
(Orin Kerr) Via McSweeney’s. [read post]
15 Dec 2011, 6:48 am
The appeal was heard and will be considered by Lady Hale and Lords Phillips, Walker, Brown, Mance, Kerr and Wilson. [read post]
15 Dec 2011, 6:41 am
Lord Irvine singled out for praise Lord Kerr’s dissenting judgment in that case, in which he said at paragraph 130 it would be particularly unsatisfactory, I believe, if, because of an Ullah-type reticence, we should feel constrained not to reach a decision on the arguments advanced by the respondents to these references just because those very arguments are likely to be ventilated on behalf of the applicant in ECtHR inAbdurahman v United Kingdom application no 40351/09,… [read post]
14 Dec 2011, 9:15 am
Jones; Kerr suggests that the questions “may reflect a common misunderstanding of the [reasonable expectation of privacy] test. [read post]
14 Dec 2011, 9:10 am
(Orin Kerr) The decision by the Pennsylvania Court of Common Pleas is Arcq v. [read post]
14 Dec 2011, 8:39 am
(Orin Kerr) If you buy a card that allows you unlimited access to a city subway system, and you then sell swipes from your card to let others access the subway system on your card, are you guilty of theft? [read post]
14 Dec 2011, 2:18 am
Lord Kerr, dissenting, maintains that the trial judge did not invite the jury to address the important element of the avowed aiding and abetting: the agreement to be shot at. [read post]
13 Dec 2011, 12:10 pm
(Orin Kerr) During the oral argument a few weeks ago in United States v. [read post]
12 Dec 2011, 10:18 am
(Orin Kerr) Law.com has reprinted this helpful story on the Ninth Circuit en banc arguments to be held later this week in United States v. [read post]
12 Dec 2011, 10:18 am
(Orin Kerr) Law.com has reprinted this helpful story on the Ninth Circuit en banc arguments to be held later this week in United States v. [read post]
12 Dec 2011, 5:00 am
., Kerr-McGee v. [read post]
11 Dec 2011, 5:57 am
I’m looking forward to getting my copy of the Brooking Institute’s volume on Constitution 3.0 co-edited by Jeff Rosen (who had a fabulous interview with NPR’s Terry Gross on the book): Orin Kerr has an interesting chapter on the promise of disclosure restrictions. [read post]
10 Dec 2011, 12:52 pm
Senator Boxer's office has released the following:For Immediate Release Contact: Mary Kerr or Kate Gilman: 202-224-8832December 9, 2011 mary_kerr@epw.senate.gov or kate_gilman@epw.senate.gov U.S. [read post]
10 Dec 2011, 12:52 pm
Senator Boxer's office has released the following:For Immediate Release Contact: Mary Kerr or Kate Gilman: 202-224-8832December 9, 2011 mary_kerr@epw.senate.gov or kate_gilman@epw.senate.gov U.S. [read post]
10 Dec 2011, 1:11 am
When Hitler Stole Pink Rabbit, by Judith Kerr, Sir Michael’s sister, is the autobiographical story of the Kerr family’s emigration from Nazi Germany to Switzerland, France and eventually England. [read post]
8 Dec 2011, 8:02 am
Many of the papers in this book are related to security–including those by Ben, Jack, Orin Kerr, Christopher Slobogin, and Jeff Rosen. [read post]
7 Dec 2011, 12:48 pm
(Orin Kerr) I recently noticed that some U.S. [read post]