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17 May 2011, 11:31 pm
(Orin Kerr) I previously mentioned the Brookings Institution event on reforming the Electronic Communications Privacy Act that was held earlier today. [read post]
17 May 2011, 8:25 pm
(Orin Kerr) I recently put up a post by that title at SCOTUSblog. [read post]
17 May 2011, 4:33 pm
(Orin Kerr) The Ninth Circuit recently ruled that an employee “exceeds authorized access” to his employer’s computer when he violates the employer’s Internet use restrictions: Given that federal law criminalizes exceeding authorized access, see 18 U.S.C. 1030(a)(2)(C), that would mean that every employee who surfs the Internet, checks Facebook, or logs in to personal e-mail from work is guilty of a federal crime if the employer’s workplace Internet use policy… [read post]
17 May 2011, 3:49 pm
(Orin Kerr) The case is Koch Industries, Inc. v. [read post]
17 May 2011, 9:41 am
School district investigator Steve Kerr’s investigative report, written after Lanigan’s acquittal, confirmed those claims, noting that: “Because of the jury’s decision, the detective [Christian] advised that she will not pursue criminal charges against [staff member] or [staff member]. [read post]
17 May 2011, 8:56 am
State, and, again I'm relying on the wonder that is Orin Kerr: In this case, the officer had come to the home in response to a domestic violence call.... [read post]
17 May 2011, 7:20 am
” Nina Totenberg of NPR interviews criminal law experts on the effect of the Court’s decision, while at the Volokh Conspiracy Orin Kerr discusses how the ruling might affect computer searches. [read post]
17 May 2011, 3:30 am
At Volokh Conspiracy, Orin Kerr sums up the decision well: In this case, officers entered an apartment without a warrant after smelling marijuana inside, knocking, and hearing noises inside. [read post]
16 May 2011, 9:10 pm
(Orin Kerr) Here’s a question for the Fourth Amendment nerds in the VC readership: How does Kentucky v. [read post]
16 May 2011, 1:13 pm
The following six appeals from Trinidad and Tobago will be heard by Lords Phillips, Brown, Mance, Kerr and Dyson from Tuesday 17 May 2011 – Thursday 19 May 2011 in the Privy Council: Winston Gibson v Public Service Commission; Ranjan Rampersad v Commissioner of Police and Police Service Commission; Robert Ramsahai v Teaching Service Commission; Ashford Sankar & Others v Public Service Commission; Gopichand Ganga and Others v Commissioner of Police and Others; and Hermia… [read post]
16 May 2011, 10:33 am
(Orin Kerr) This morning the Supreme Court handed down Kentucky v. [read post]
15 May 2011, 9:21 pm
(Orin Kerr) I’m trying to identify the law schools that offer courses in Computer Crime Law — a course which may also be called “Cybercrime,” “Cybercrime Law,” or “Internet Crime Law. [read post]
14 May 2011, 3:49 am
H/T Walter Olson and Orin Kerr© 2011 Simple Justice NY LLC. [read post]
13 May 2011, 4:58 pm
Orin Kerr has the details of Barnes v. [read post]
13 May 2011, 9:44 am
(Orin Kerr) The decision is Barnes v. [read post]
13 May 2011, 5:49 am
" I had the pleasure of watching his debate with Orin Kerr at the Federalist Society meeting in San Francisco early this year, and I had a similar sense that Randy's arguments had a strong air of debating tactics rather than absolute disinterest: he rather clearly separated his arguments into three different categories at the outset, but then slid between them without mention throughout the debate in a way that smoothed over difficulties and served his broader goal. [read post]
12 May 2011, 9:13 pm
(Orin Kerr) I’ve blogged before about some of my favorite non-judicial quotes by Justice Oliver Wendell Holmes. [read post]
12 May 2011, 3:26 pm
(Orin Kerr) For those in the DC area who love ECPA — and isn’t that most of you? [read post]
12 May 2011, 11:23 am
(Orin Kerr) In their posts below, both Jonathan Adler and Randy Barnett suggest that it’s okay for the proposed activity/inactivity distinction to be unclear because the “actus reus” distinction has been unclear for a long time and the world hasn’t ended. [read post]
12 May 2011, 9:40 am
RANDY BARNETT ON THE MANDATE HEARING YESTERDAY: Volokh also has more back and forth with Orin Kerr, Jonathan Adler, and others; Barnett was at the Fourth Circuit hearing and comments on the oral argument. [read post]
