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13 Jul 2012, 12:02 pm by Orin Kerr
People who cave to pressure generally switch to do what is popular, not what is unpopular. [read post]
19 Feb 2011, 4:24 am by SHG
An 80-year-old man was among those detained, then released, during the operationAs Orin properly notes, this would appear to fly in the face of Ybarra v. [read post]
23 Apr 2012, 2:00 pm by Orin Kerr
(Orin Kerr) A few days ago, David Bernstein mentioned David Schraub’s post explaining his disagreement with my view questioning the propriety of Judge Brown’s concurring opinion calling for a return to Lochner in Hettinga v. [read post]
9 May 2010, 11:56 pm by Orin Kerr
  A lot of people thought that this pre–Miranda doctrine (known as the McNabb-Mallory rule) was eclipsed by Miranda in 1966. [read post]
13 Dec 2011, 12:10 pm by Orin Kerr
(Orin Kerr) During the oral argument a few weeks ago in United States v. [read post]
25 Aug 2011, 9:16 am by Orin Kerr
[V]ery popular courses taken during that same period were Criminal Procedure (555 students), Negotiation (532 students), Legal Drafting (424 students), Trusts and Estates (423 students), and International Law (330 students). [read post]
22 Dec 2010, 4:04 am by SHG
(See, e.g., People v. [read post]
11 Jul 2011, 3:51 am by SHG
” Under the principle of the venerable case of Martin v. [read post]
12 May 2011, 11:23 am by Orin Kerr
To teach the material, law professors have to come up with all sorts of creative hypotheticals that just don’t often come up in real criminal prosecutions: People who commit crimes while sleepwalking, under hypnosis, and the like. [read post]
20 May 2011, 10:19 am by Orin Kerr
(Orin Kerr) The Eleventh Circuit has handed down a new en banc decision, Gilbert v. [read post]
9 Apr 2012, 3:12 pm by Orin Kerr
(Orin Kerr) If the Supreme Court strikes down the individual mandate, would that be an example of judicial activism? [read post]