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5 Apr 2010, 10:23 am by Eugene Volokh
As Article V of the Constitution says, the Amendments “shall be valid to all Intents and Purposes, as Part of this Constitution. [read post]
1 Feb 2021, 12:42 pm by Grayson Clary
(Andrew Auernheimer was represented by, inter alia, frequent Lawfare contributor and computer crime scholar Orin Kerr.) [read post]
12 Jun 2014, 9:05 am by Ritika Singh
Orin Kerr writes in the Volokh Conspiracy about the Eleventh Circuit’s decision yesterday in United States v. [read post]
14 Apr 2010, 6:55 am by Adam Chandler
”  Kerr analyzes the reply brief in one such case—City of Ontario v. [read post]
15 Oct 2008, 5:56 am
  Chief Justice Roberts, on the other hand, made a huge splash with his judicial noir dissent to the court's refusal to grant cert to another case, Pennsylvania v. [read post]
5 Aug 2013, 11:00 am by Paul Rosenzweig
To begin with, as Orin Kerr has noted, third party data holders generally cannot assert a Constitutional protection on behalf of their customers. [read post]
12 Aug 2011, 4:19 pm by Ashby Jones
Gore — and there are going to be some people who are really really upset with whatever we do, so not eagerly jump in. [read post]
29 May 2019, 12:38 pm by Will Baude
I'm also quite sure there are examples of blog posts or other online media having an effect on Supreme Court arguments or opinions, though I'm not sure that all of the examples documented in the article—Walter Dellinger's comments on NPR, the federalism argument in U.S. v. [read post]
7 Oct 2022, 12:30 pm by John Ross
So writes The Onion in an amicus brief urging the Supreme Court to take up Novak v. [read post]
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S. law.[4]  At the… [read post]
7 Apr 2023, 5:01 am by Lee Kovarsky
The major point is this: Bragg is sketching a lot of different predicates involving a lot of different people. [read post]
17 Sep 2013, 6:03 pm by Benjamin Wittes
The Fourth Amendment does not bar the government’s proposed collection of telephony metadata, she writes, because the production “is squarely controlled by” Smith v. [read post]