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1 Dec 2010, 7:04 pm
(Orin Kerr) Virginia Code § 46.2–859, Passing A Stopped School Bus, states, with the key section in bold: A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children. [read post]
6 Oct 2010, 10:08 am
(Orin Kerr) I appreciate Ilya’s reply to my post on the constitutionality of the individual mandate. [read post]
5 Aug 2010, 9:35 am
(Orin Kerr) Over at CoOp, Dave Hoffman has more on the relative importance of the facts in Perry: [T]here are facts, and then there are constitutional facts. [read post]
2 Apr 2012, 11:29 pm
(Orin Kerr) In a press conference today with the President of Mexico and the Prime Minister of Canada, President Obama was asked the following question by a reporter: After last week’s arguments at the Supreme Court, many experts believe that there could be a majority, a five-member majority, to strike down the individual mandate. [read post]
3 Apr 2012, 2:20 pm
(Orin Kerr) No, it’s not The Onion — apparently this actually happened. [read post]
1 Feb 2012, 9:45 pm
(Orin Kerr) FoxNews.com reports that legal experts are divided on whether United States v. [read post]
14 Oct 2010, 3:12 pm
(Orin Kerr) Congratulations to Randy Barnett in particular for the new Florida decision refusing to dismiss the challenge to the individual mandate. [read post]
27 Mar 2012, 10:33 am
(Orin Kerr) Reading the tea leaves of Justice Kennedy’s questions in the transcript of this morning’s argument, Kennedy seems to be of the view that requiring a mandate under the Commerce Clause requires a “heavy burden of justification,” and that his major question is whether the uniqueness of the health care market satisfies that heavy burden. [read post]
4 Jun 2012, 11:44 am
(Orin Kerr) Shapiro and Pearse’s latest study of the most-cited law review articles has inspired a lot of blogging and commenting about the proper audience for legal scholarship. [read post]
12 Sep 2012, 2:53 pm
(Orin Kerr) In an op-ed in the USA Today on the importance of the Presidential election for the future of the Supreme Court, Gregg Nunziata writes that “[t]he next president could fill as many as three, perhaps more, Supreme Court vacancies. [read post]
16 Sep 2011, 10:29 am
(Orin Kerr) For those interested in the case of my plagiarized op-ed, it seems to have jumped from the San Francisco Chronicle (where it was alleged to have been written by “Patrick Harvard,” a writer at Benzinga.com, but it has just been taken down) to Yahoo News and Forbes.com, where it is now allegedly written by Jason Raznick:Should Lying About Your Age On The Internet Be A Felony? [read post]
14 Sep 2010, 6:50 pm
(Orin Kerr) It is a big night for the Tea Party — and, very likely, the Democratic Party — in my former home state of Delaware: Christine O’Donnell beat out Michael Castle for the Delaware GOP Senate nomination 53% to 47%. [read post]
9 Jan 2012, 10:58 am
(Orin Kerr) The Ninth Circuit panel: Pregerson, Paez, and a district judge sitting by designation. [read post]
4 Aug 2010, 8:54 pm
(Orin Kerr) I’m sure some people have thought a lot about this issue, and I hope they’ll bear with me as I pose an amateurish question: Should it matter to the constitutionality of Prop 8 that it was passed as part of a ballot initiative that restored preexisting law? [read post]
7 Feb 2011, 11:06 pm
(Orin Kerr) Over at CoOp, Dave Hoffman points to a new paper, “They Saw a Protest”: Cognitive Illiberalism and the Speech-Conduct Distinction, by the folks at Yale’s Cultural Cognition Project — Dan Kahan, Dave, my colleague Don Braman, Danieli Evans, and Jeffrey Rachlinski. [read post]
28 Mar 2011, 11:54 am
(Orin Kerr) I have just posted a first draft of a very short essay, Why Courts Should Not Quantify Probable Cause, which is forthcoming as a book chapter in a volume dedicated to the late Professor William Stuntz. [read post]
21 Nov 2011, 1:56 pm
(Orin Kerr) Over at Inside the Law School Scam, Paul Campos reveals that he worked extensively with David Segal in helping Segal with his article on law professors and legal scholarship, and in particular with Segal’s estimate of the price students pay for legal scholarship. [read post]
1 May 2010, 4:36 pm
(Orin Kerr) Like Eugene, I received an e-mail recently from a student who will be a 1L at Harvard Law School this fall. [read post]
4 May 2010, 8:05 am
(Orin Kerr) Reuters has the report here: The Pakistani-American arrested on suspicion of driving a bomb-laden car into New York’s Times Square told U.S. authorities he acted alone, but sceptical investigators are looking into his recent trip to Pakistan, a law enforcement source said on Tuesday. [read post]
15 Jul 2012, 11:43 pm
(Orin Kerr) Tony Mauro and Marcia Coyle have have an interesting story that includes comments from unnamed Justices about how the Justices might get along after NFIB v. [read post]
