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24 Apr 2019, 5:26 am
” In a recent Texas Law Review article, Orin Kerr characterizes the doctrine in the terms of “prosecutorial advantage,” writing: “If the government already knows the fact or belief that is implicitly asserted, and it has some other way to prove it, then it gains no testimonial advantage by obtaining the defendant’s assertions implicit in his compelled acts. [read post]
24 Apr 2019, 4:46 am
Orin Kerr discusses here:From a practical perspective, this is a really important decision. [read post]
24 Apr 2019, 3:01 am
Orin Kerr has more analysis at Volokh Conspiracy. [read post]
23 Apr 2019, 10:44 am
” Orin Kerr has this post at “The Volokh Conspiracy. [read post]
23 Apr 2019, 2:49 am
In a new case, Taylor v. [read post]
17 Apr 2019, 4:00 am
As that well-known legal wag Orin Kerr put it, why bother? [read post]
9 Apr 2019, 5:28 pm
Stras, Orin S. [read post]
5 Apr 2019, 4:21 pm
A Response to Orin S. [read post]
5 Apr 2019, 4:21 pm
A Response to Orin S. [read post]
2 Apr 2019, 3:30 am
Perhaps the best response was Professor Orin Kerr’s tongue-in-cheek Green Bag essay in which he documented that, in fact, the Bulgarians really only became interested in Kant’s pronouncements in the late-19th Century and even then mostly ignored his ideas as “obscure and awkward. [read post]
23 Mar 2019, 2:30 pm
[Empirical SCOTUS] * Speaking of SCOTUS, it's high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, according to Orin Kerr. [read post]
21 Mar 2019, 3:05 am
Courts have been struggling with this issue for years, and now the law is even more divided than before.The Stored Communications Act, a federal law governing e-mail privacy, is notoriously difficult to understand. [read post]
19 Mar 2019, 9:29 am
I blogged about this case last year, and now I've filed a cert petition in the case.I recently wrote a long and detailed blog post about a new Fourth Amendment case from the Nebraska Supreme Court, State v. [read post]
17 Mar 2019, 6:00 am
" Sam joins a long list of illustrious Story/Bator award receipients, including co-bloggers Randy Barnett (1991), Paul Cassell (1998), Eugene Volokh (1999), Jonathan Adler (2004), Orin Kerr (2007), Sai Prakash (2008), Eugene Kontorovich (2012), and Nita Farahany (2013). [read post]
2 Mar 2019, 7:01 am
Implementing Carpenter Orin S. [read post]
23 Feb 2019, 8:41 am
Implementing Carpenter Orin S. [read post]
21 Feb 2019, 7:44 am
More recently, UC Hastings College of the Law has posted on YouTube four videos from that event: “Justice Kennedy and the First Amendment“; “Justice Kennedy and Due Process“; “Justice Kennedy’s Overall Impact“; and “Orin Kerr on Justice Kennedy and the Counter-Majoritarian Difficulty. [read post]
16 Feb 2019, 2:47 pm
Implementing Carpenter Orin S. [read post]
13 Feb 2019, 5:30 am
While the case was reminiscent in some ways of that in which Lori Drew convinced 13-year-old Megan Meier via a fake MySpace account to kill herself, one of the key differences is that Meier was a minor, a status that often comes with special legal treatment (note: Orin Kerr was a pro bono lawyer for Drew, and the judge actually overturned the jury's conviction under the Computer Fraud and Abuse Act). [read post]
9 Feb 2019, 1:20 pm
Implementing Carpenter Orin S. [read post]
