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28 Feb 2011, 6:25 am
” At the Volokh Conspiracy, Kerr replies that “DOJ is saying that it can pretend that it cares about Al-Kidd for a criminal case, even when it doesn’t, and that the reasonableness of his seizure should be evaluated based on a fictional government interest instead of the real one. [read post]
27 Feb 2011, 10:42 pm
In cross-posts at Volokh and SCOTUSblog, Orin Kerr takes issue with the government’s litigation strategy in Ashcroft v. al-Kidd, the material witness/Fourth Amendment/qualified immunity appeal in which the Supreme Court is set to hear argument on Wednesday. [read post]
27 Feb 2011, 10:40 pm
(Orin Kerr) Regular readers know of my love of all things Henry Friendly, so I wanted to flag this interesting lecture (mp3) about Judge Friendly’s dissenting opinions by Judge Michael Boudin, a former Friendly clerk. [read post]
27 Feb 2011, 9:00 pm
Kerr stated in her factum, the “approach enunciated in Pettkus v. [read post]
27 Feb 2011, 6:20 pm
(Orin Kerr) Over at Prawfs, Steve Vladeck has an extended response to my recent post, The Strange Case of Ashcroft v. [read post]
26 Feb 2011, 6:53 am
Kerr, v. [read post]
25 Feb 2011, 5:29 am
Every year, law students face exams with characters and products ripped from popular television, movies, and YouTube videos (a wiser course than building a torts or crime problem around your colleagues, see Orin Kerr’s post here). [read post]
24 Feb 2011, 5:33 pm
(Orin Kerr) Dafna Linzer has the scoop over at ProPublica. [read post]
24 Feb 2011, 2:31 pm
(Orin Kerr) Don’t forget to celebrate. [read post]
24 Feb 2011, 10:45 am
Fourth Amendment cases, citation, and links H/T Orin Kerr : "sweet". [read post]
24 Feb 2011, 7:59 am
(Orin Kerr) John Wesley Hall has assembled the links here at FourthAmendment.com. [read post]
24 Feb 2011, 7:56 am
Judge Ciavarella defiant after racketeering conviction in Pennsylvania cash-for-kids horror [TheLegalIntel, Sullum and more, WSJ Law Blog, Greenfield, earlier] Widener lawprof Lawrence Connell facing discipline over hypotheticals in class [Orin Kerr, NLJ, interview at NAS] “Do we even want to remain a child care center if we have to eliminate all the parts we love? [read post]
24 Feb 2011, 7:48 am
(Orin Kerr) The Federalist Society had an interesting podcast on the issue back in October that you can listen to here. [read post]
24 Feb 2011, 4:33 am
Lots of others have weighed in, including Jim Copland, Richard Epstein, and, at Volokh, Ilya Somin, David Bernstein, Orin Kerr, and Walter Dellinger. [read post]
24 Feb 2011, 4:25 am
Walter DellingerOrin Kerr's post on Volokh Conspiracy comparing what the Justice Department has announced it will do in DOMA cases to some of John Yoo's theories of presidential power doesn't give proper weight to the enormous difference between refusing to obey a law (which the Bush administration did -- and secretly!) [read post]
23 Feb 2011, 8:45 pm
(Orin Kerr) In response to my earlier post on the Obama Administration’s decision not to defend DOMA, Walter Dellinger writes in via e-mail (posted with his permission):Orin, your post comparing what the Justice Department has announced it will do in DOMA cases to some of John Yoo’s theories of presidential power doesn’t give proper weight to the enormous difference between refusing to obey a law (which the Bush administration did — and secretly!) [read post]
23 Feb 2011, 8:45 pm
The critics include Richard Epstein, Curt Levey, and our own Orin Kerr, among others. [read post]
23 Feb 2011, 5:43 pm
Orin Kerr has raised a really good point about the Obama administration’s decision to abandon its defense of DOMA: “By adopting a contested constitutional theory inside the Executive Branch, the Bush Administration could pursue its agenda without the restrictions that Congress had imposed. [read post]
23 Feb 2011, 3:00 pm
ORIN KERR: The Executive Power Grab in the Decision Not to Defend DOMA. [read post]
23 Feb 2011, 12:49 pm
(Orin Kerr) I can understand the intense political pressure on the Obama Administration not to defend DOMA. [read post]
