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14 Dec 2010, 5:52 pm
Kerr 10th ed. 1918); 1 J. [read post]
14 Dec 2010, 3:02 pm
Orin Kerr calls the opinion, at least on his initial read, "quite persuasive" and "likely . . . influential," and I agree, but I'd go further: this is the opinion privacy activists and many legal scholars, myself included, have been waiting and calling for, for more than a decade. [read post]
14 Dec 2010, 12:16 pm
(Orin Kerr) One of the fascinating Fourth Amendment questions that courts have recently divided on is how the “search incident to arrest” exception applies to the search of a cell phone. [read post]
14 Dec 2010, 8:34 am
" Orin Kerr has a post titled "Sixth Circuit Rules that E-Mail Protected by the Fourth Amendment Warrant Requirement. [read post]
14 Dec 2010, 8:30 am
(Orin Kerr) In the last three years, three federal circuits have published opinions on whether the Fourth Amendment applies to e-mail (dividing 2–1). [read post]
13 Dec 2010, 8:47 pm
While co-blogger Orin Kerr and I believe that this is the government’s strongest argument, few other commentators seem to agree. [read post]
13 Dec 2010, 5:40 pm
Andrew Koppelman, writing on this blog, and Orin Kerr, at Volokh Conspiracy, complain that Judge Hudson’s analysis ignores the command of McCulloch v. [read post]
13 Dec 2010, 4:43 pm
As Orin Kerr succinctly states: The point of the Necessary and Proper clause is that it grants Congress the power to use means outside the enumerated list of of Article I powers to achieve the ends listed in Article I. [read post]
13 Dec 2010, 2:20 pm
(Orin Kerr) I appreciate Jonathan’s agreement with me that Judge Hudson’s analysis of the Necessary and Proper Clause is flawed. [read post]
13 Dec 2010, 2:04 pm
Kerr amd Adler and other professors about an elemental error in the opinion) (Dec. 14, 2010) AP: Setback for Health Care Reform (Dec. 13, 2010) White House press briefing (twenty such challenges ongoing; 2 of 3 federal courts have upheld it) (Dec. 13, 2010) ABC News: interview indicating that 14 other such legal challenges had been rejected (brief video, Dec. 14, 2010) Download file (courtesy of the How Appealing blog) links to news stories (also via Howard Bashman's How Appealing… [read post]
13 Dec 2010, 12:10 pm
Maryland, as Orin Kerr points out over on Volokh, but the Judge more or less reasons that because the individual mandate is unprecedented it is unconstitutional. [read post]
13 Dec 2010, 11:33 am
Orin Kerr detects an "obvious and quite significant error": Judge Hudson assumes that the power granted to Congress by the Necessary and Proper Clause... does not expand Congress’s power beyond the Commerce Clause itself... [read post]
13 Dec 2010, 10:53 am
(Orin Kerr) I’ve had a chance to read Judge Hudson’s opinion, and it seems to me it has a fairly obvious and quite significant error. [read post]
12 Dec 2010, 1:24 pm
(Orin Kerr) In a recent comment thread, commenter Leo Marvin asked an interesting question on why it is so common to blend together interpretations of what constitutional law “is” with what constitutional law “should be. [read post]
10 Dec 2010, 4:03 am
[Kerr @ Volokh; Bernstein @ Volokh] I stand corrected. [read post]
8 Dec 2010, 9:21 pm
(Orin Kerr) Mike Dorf has an interesting post on the strategy behind Perry v. [read post]
8 Dec 2010, 3:10 pm
While Kerr's killers have never been found, the state will spend hundreds of thousands of dollars in the coming year on the death penalty for people already behind bars -- a situation that has reformers, and Kerr's family, clamoring for change. [read post]
7 Dec 2010, 11:15 am
(Orin Kerr) Tim Sandefur has responded to my post below. [read post]
7 Dec 2010, 2:13 am
Court of Appeal (Civil Division) Masood v Kerr & Ors [2010] EWCA Civ 1347 (01 December 2010) High Court (Chancery Division) Mason & Ors v Mills & Reeve (A Firm) [2010] EWHC 3198 (Ch) (06 December 2010) ABC Ltd v Y [2010] EWHC 3176 (Ch) (06 December 2010) Secretary of State for Business, Innovation & Skills v Doffman & Anor [2010] EWHC 3175 (Ch) (06 December 2010) High Court (Administrative Court) Stephenson, R (on the application of) v Secretary of State for Justice… [read post]
6 Dec 2010, 9:46 pm
(Orin Kerr) Over at Slate, David Weigel has an interesting article on the efforts of our co-blogger Randy Barnett to teach state legislators about the Constitution. [read post]
