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24 Jan 2012, 10:33 am
If the witness’s false testimony has obstructed the court in 663*663 the performance of its duty, the witness may be met with sanctions for civil contempt, see Ex parte Hudgings, 249 U.S. 378, 383, 39 S.Ct. 337, 339, 63 L.Ed. 656 (1919), or criminal contempt, see In re Michael, 326 U.S. 224, 227-29, 66 S.Ct. 78, 79-80, 90 L.Ed. 30 (1945). [read post]
8 Sep 2020, 4:54 pm
[An overlooked part of United States v. [read post]
30 Aug 2012, 9:39 pm
(Orin Kerr) This is the second in a series of posts on the justiciability of Fourth Amendment disputes. [read post]
21 Apr 2008, 6:25 pm
I will definitely integrate Somin and Kerr's insights into that work. [read post]
23 Oct 2019, 4:18 am
Rivera v Kerr 2019 NY Slip Op 33047(U) October 11, 2019 Supreme Court, Suffolk County Docket Number: 17736/2015 Judge: Sanford Neil Berland is also notable for having 7 prior judges all recuse themselves. [read post]
12 Jun 2023, 12:53 am
The Press Gazette reported separately on the oral evidence provided by Prince Harry and Jane Kerr. [read post]
9 Apr 2014, 6:19 am
And, the good professor says, that's how it's supposed to work.First, Judge Facciola’s new opinion reminds me of why I think it is necessary for such reasonableness issues to be litigated ex post in the context of adversarial litigation rather than announced ex ante in response to ex parte warrant applications. [read post]
3 Apr 2018, 1:02 am
Now we get to the important part. [read post]
6 Mar 2012, 7:10 pm
" The court, noting the government's denied second warrant and ex parte application, found the language to be ambiguous and ordered suppression of the evidence.UPDATE: Professor Orin Kerr recently wrote a post on Volokh Conspiracy criticizing the Salceda analysis, suggesting (as he did in the comments of this post) that the proper consideration for the court is reasonableness, rather than the terms of the warrant. [read post]
9 Apr 2014, 1:58 am
Here are two responses: First, Judge Facciola’s new opinion reminds me of why I think it is necessary for such reasonableness issues to be litigated ex post in the context of adversarial litigation rather than announced ex ante in response to ex parte warrant applications. [read post]
6 Feb 2012, 8:28 pm
" Ex parte Schoenberg, BPAI 2011. [read post]
2 Dec 2016, 9:18 am
I’ll explain why in two parts that track the reasoning of the opinion. [read post]
11 Feb 2011, 3:47 am
Magistrate Judge James Orenstein in the Eastern District of New York isn't going down without a fight.Via Volokh, Orin Kerr notes that Mag. [read post]
19 Feb 2011, 4:24 am
While ex parte applications are troubling enough, there being no one to oppose or question the premise, and judges approaching matters with whatever bias they bring to the bench, there is a more basic reality that we face on a constant basis. [read post]
9 May 2018, 11:52 am
" Except that it does; see, e.g., MPEP § 2111.05(III); Ex parte Kouznetsov, No. 2007-003470 (B.P.A.I. [read post]
31 May 2018, 4:17 pm
" Except that it does; see, e.g., MPEP § 2111.05(III); Ex parte Kouznetsov, No. 2007-003470 (B.P.A.I. [read post]
7 Nov 2011, 3:03 pm
[Am Law Daily] Professor Paul Campos * How would you like your soon-to-be-ex spouse to have your Facebook and Match.com passwords? [read post]
18 Feb 2016, 11:01 am
All that has happened so far is that the government obtained a search warrant and then sought and obtained a separate ex parte order — that is, an order after the court heard only from one side — requiring Apple’s assistance. [read post]
30 Aug 2010, 11:46 pm
(Orin Kerr) A few federal court opinions have been making a big public splash recently by taking surprising positions on how the Fourth Amendment applies to location surveillance. [read post]
22 May 2014, 1:48 pm
As Magistrate Judge Grewal recently noted in identical circumstances — more on his opinion in a minute — no one knows what the facts are to which the Fourth Amendment might be applied: In this ex ante, and also ex parte process, magistrate judges are called on to review the reasonableness of execution procedures like seize first, search second in the sterile isolation of their chambers. [read post]
