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1 Nov 2013, 7:11 am by Monique Altheim
Auernheimer – Orin Kerr writes: Readers who are following the Weev case, ak… http://ow.ly/2B5Fu5  Ediscovery and DataProtection Daily is out! [read post]
17 Sep 2013, 6:03 pm by Benjamin Wittes
She writes, “where one individual does not have a Fourth Amendment interest, grouping together a large number of similarly-situated individuals cannot result in a Fourth Amendment interest springing into existence ex nihilo. [read post]
17 Sep 2013, 4:39 pm by Orin Kerr
I thought part of the opinion was persuasive but most of it was unpersuasive. [read post]
29 Aug 2013, 4:00 am by Blog  Editorial
   Michael v The Chief Constable of South Wales Police and another [2012] EWCA Civ 981 – granted on 26 June 2013 by Lord Hope, Lord Kerr and Lord Hughes. [read post]
30 Jul 2013, 1:45 pm by Orin Kerr
(Orin Kerr) Last year, I blogged extensively about the pending Fifth Circuit case on Fourth Amendment protection for cell-site data. [read post]
8 Jul 2013, 8:46 pm by Steve Vladeck
Such a reform, in Orin’s view, would thereby ameliorate, if not eliminate, at least some of the oft-repeated concerns with the ex parte FISC process. [read post]
27 Feb 2013, 4:20 am by Benjamin Wittes
  While Alan’s excellent post on Tuesday suggested that the FISC’s involvement has already placed courts in the middle of intelligence cases, the ex parte and limited nature of the FISC’s role does not raise comparable concerns. [read post]
24 Feb 2013, 9:19 am by NL
References in this Part to securing that accommodation is available for a person’s occupation shall be construed accordingly. [read post]
24 Feb 2013, 9:19 am by NL
References in this Part to securing that accommodation is available for a person’s occupation shall be construed accordingly. [read post]
27 Dec 2012, 7:38 am by Lawrence B. Ebert
Within Ex parte Kerr To teach away, prior art must “criticize, discredit, or otherwise discourage the solution claimed. [read post]
30 Aug 2012, 9:39 pm by Orin Kerr
(Orin Kerr) This is the second in a series of posts on the justiciability of Fourth Amendment disputes. [read post]
29 Aug 2012, 3:48 am by SHG
Review of the legality of the investigation is ex post: The defendant moves to suppress the evidence and argues that the past conduct was unconstitutional. [read post]
28 Aug 2012, 7:22 pm by Orin Kerr
For the most part, lawyers and judges are involved from the beginning of the case. [read post]
24 Jul 2012, 3:08 am by SHG
” For his part, Judge Smith has proposed some modest fixes. [read post]
29 May 2012, 1:55 pm by 1 Crown Office Row
  The application to introduce closed material procedures will take place ex-parte and it is likely the judge will hear only from the Secretary of State and the party seeking the closed material proceedings, if different. [read post]
12 Mar 2012, 10:25 pm by Orin Kerr
In denying the government’s ex parte application, the Court directed the government to seek clarification from the issuing judge to cure any ambiguities. [read post]
6 Mar 2012, 7:10 pm by Jeffrey Brown
" 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]