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30 May 2018, 3:13 pm
Our own Orin Kerr, Fourth Amendment expert, and native son of Delaware, is cited in the opinion, for a somewhat different, though related, proposition. [read post]
22 Jun 2013, 3:32 pm
However, desire for flexibility does not constitute a compelling reason for departing from the unanimous decision of this Court in Kerr [v. [read post]
27 Jun 2018, 12:21 pm
Orin Kerr outlined the implications of Carpenter on the law of subpoenas. [read post]
22 Dec 2018, 6:17 am
Orin Kerr flagged two draft chapters he wrote on implementing the Supreme Court’s decision in Carpenter v. [read post]
18 Dec 2017, 3:28 pm
Second as Orin Kerr pointed out, the third party content doctrine may no longer be good law -- but the other reasons for thinking there is no Fourth Amendment violation remain sound. [read post]
31 Mar 2015, 11:45 am
Kerr-McGee Corp., 464 U.S. 238 (1984)).Thus, we were wondering whether, when the Supreme Court decided Armstrong, it would have anything to say about respecting Congressional decisions, such as the FDCA’s §337(a), by precluding private enforcement of other statutes that also bear such “clear evidence” of congressional intent. [read post]
5 Oct 2015, 12:41 pm
., 115 F.3d 1068, 1074–75 (2d Cir.1997); Kerr v. [read post]
27 Sep 2021, 7:54 am
Orin Kerr’s article “Norms of Computer Trespass” contains an excellent analysis of a range of CFAA cases. [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]
5 May 2022, 7:36 am
Orin Kerr, the normally restrained and professorial expert on cyber law, is up in arms over a recent 9th Circuit decision holding that a preservation order is not a seizure requiring a warrant. [read post]
21 Dec 2016, 7:57 am
The whole business of mass firings in state government pretty much began with the election of Democrat Kerr Scott in 1948, a Jacksonian figure who beat the more conservative machine. [read post]
28 Jan 2018, 5:39 pm
(As the Court stated in Kerr [v. [read post]
22 Nov 2016, 11:26 am
— Robert Kerr (@robkerrlawyer) November 21, 2016 thx @NatalieP_Impact; @ronfriedmann I think AI buzz has to do with end running traditional delivery of legal services: lawyer replacement — Tom Martin (@lawdroid1) November 21, 2016 @ronfriedmann is the hype more simply because we live and work in an overhyped society? [read post]
28 Sep 2016, 1:08 pm
As the noted professor of constitutional law and computer crime Orin Kerr writes, it’s a “serious question” whether searches conducted using the government’s malware pursuant to the Playpen warrant can be properly analogized to searches in the physical world. [read post]
21 Apr 2016, 11:39 am
The judge reasoned that:“…the infringement of a trade mark is at stake, which by its nature implies some urgency, as ‘The life of a trade mark depends on the promptitude with which it is vindicated…’ (Kerr on Injunctions 363, quoted in Tullen Industries Ltd v A de Souza Costa (Pty) Ltd 1976 (4) SA 220 (W) 220B). [read post]
10 May 2017, 5:26 am
The federal courts--absent, perhaps, weighing in on the constitutionality of some such possible new legislation in the future--will remain on the sidelines.Finally, I've seen people refer to this as a "constitutional crisis," but, as Professor Orin Kerr notes, this phrase has become something too broad. [read post]
9 Nov 2014, 8:38 pm
Hoffman and Orin Kerr's note on it. [read post]
26 Feb 2018, 5:00 pm
Orin Kerr wrote that Microsoft should have challenged the government over the All Writs Act, not the SCA, and last Friday, shared final thoughts before the argument. [read post]
27 Nov 2017, 10:55 am
Orin Kerr argued that the Fourth Amendment does not guarantee a general right to be secure against government surveillance. [read post]
21 Dec 2018, 8:39 am
I have written up guides for reading primary sources and secondary sources (which I post in our course management system); I also assign Orin Kerr’s article “How to Read a Legal Opinion: A Guide for New Law Students,” Green Bag 11 (Autumn 2007), which does a good job walking students through some of the technicalities. [read post]
