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6 Dec 2010, 3:51 pm by Orin Kerr
(Orin Kerr) Over at Freespace, former VC guest-blogger Tim Sandefur argues that I am guilty of “inconsistent positivism” in two series of posts I have written. [read post]
6 Dec 2010, 10:06 am by Orin Kerr
(Orin Kerr) You can watch it now live at C-Span. [read post]
5 Dec 2010, 5:48 pm by Orin Kerr
(Orin Kerr) I’m generally pretty skeptical about constitutional amendments, for a bunch of reasons. [read post]
5 Dec 2010, 12:44 am
In Courtroom 2, on Monday 22 to Wednesday 24 November Lords Mance, Kerr and Clarke, Sir John Dyson SCJ and Lord Saville of Newdigate will hear linked cases, Baker v Quantum Clothing Group Limited & Ors; Baker v Quantum Clothing Group Limited & Ors [...] [read post]
4 Dec 2010, 2:34 pm by Orin Kerr
(Orin Kerr) Christopher Buccafusco and Christopher Sprigman have a very interesting article, Valuing Intellectual Property: An Experiment, in the latest Cornell Law Review. [read post]
3 Dec 2010, 9:15 am by Orin Kerr
(Orin Kerr) Reader subpatre chimes in with an interesting update about Wednesday’s post on the Virginia traffic law making it a reckless driving offense to fail to “stop . . . . a stopped school bus. [read post]
3 Dec 2010, 12:04 am by Orin Kerr
(Orin Kerr) ...from being stuck in an infinite loop of main posts, I’ll respond to Ilya’s latest post in the comment thread to his post immediately below and close comments here. [read post]
2 Dec 2010, 8:55 pm by Orin Kerr
(Orin Kerr) Just a quick reply to Ilya’s response on the scope of the Commerce Clause. [read post]
2 Dec 2010, 8:29 pm by Ilya Somin
(Ilya Somin) In his response to my post on why going without health insurance doesn’t qualify as an “activity” that Congress can regulate under the Commerce Clause, Orin Kerr claims that my reasoning “begins with an assumption as to how much power Congress has, and he then reasons backwards to infer the meaning of ‘activity’ in order to make that assumption correct. [read post]
2 Dec 2010, 7:52 pm by Orin Kerr
(Orin Kerr) The Los Angeles Times reports: To hear him tell his story, John Wesley Ewell was the victim of an overly harsh criminal justice system. [read post]
2 Dec 2010, 7:34 pm by Orin Kerr
(Orin Kerr) As a former co-counsel for Cory Maye, back in 2006 when I helped on his case when it was still in the trial court, I am delighted to report that today the Mississippi Supreme Court ruled that Maye is entitled to a new trial because of errors in the jury instructions on the defense-of-others defense. [read post]
2 Dec 2010, 7:03 pm by Orin Kerr
(Orin Kerr) Someone should write a student note comparing the productivity and scholarly impact of entry-level law professors who have Ph.D.s with those who do not. [read post]
2 Dec 2010, 5:01 pm by Orin Kerr
(Orin Kerr) I’m always on the look-out for new jazz musicians, and one discovery I’ve made in the last two years has been a relatively obscure Chicago-based tenor player, Geof Bradfield. [read post]
2 Dec 2010, 3:14 pm by Orin Kerr
(Orin Kerr) I appreciate Ilya’s post below on the meaning of “activity” in Commerce Clause jurisprudence, and I wanted to add two brief observations: 1) If I understand Ilya’s argument, he begins with an assumption as to how much power Congress has, and he then reasons backwards to infer the meaning of “activity” in order to make that assumption correct. [read post]
2 Dec 2010, 10:18 am by Orin Kerr
(Orin Kerr) Peter Wehner has a very good essay on civility as a political virtue over at Commentary’s Contentions blog. [read post]
2 Dec 2010, 9:35 am by Orin Kerr
(Orin Kerr) The Federalist Society has announced the details of two conferences of interest: First, the annual Faculty Conference, aka the shadow conference that occurs along with the AALS conference every January; and second, the annual Student Conference, which will be held this year at UVA Law School on February 25th and 26 on the subject of Capitalism, Markets, and the Constitution. [read post]
2 Dec 2010, 4:52 am by SHG
  Let's just leave the spouses out of it.Confidential to Orin Kerr:  I see that you're unclear on what to make of Ed Whelan's argument. [read post]
1 Dec 2010, 9:08 pm
If Professor Kerr means to say that Judge Reinhardt disregards governing Supreme Court precedent, then I strongly disagree. [read post]
1 Dec 2010, 7:04 pm by Orin Kerr
(Orin Kerr) Virginia Code § 46.2–859, Passing A Stopped School Bus, states, with the key section in bold: A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children. [read post]