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21 Dec 2010, 11:21 pm by Orin Kerr
(Orin Kerr) So holds a state court in People v. [read post]
15 Nov 2010, 7:50 pm by Orin Kerr
(Orin Kerr) Some airports have begun using backscatter x-ray and millimeter-wave technology scanners to look for weapons and explosive devices on passengers to stop terrorist attacks. [read post]
31 Aug 2010, 6:42 pm by Orin Kerr
(Orin Kerr) I’ve had a few posts recently on new Fourth Amendment decisions that I think are wrongly decided, and I wanted to flag an update on one case that I blogged about back in March: Rehberg v. [read post]
28 Mar 2012, 2:44 pm by Orin Kerr
(Orin Kerr) Over at The Atlantic, Adam Teicholz has an interesting essay on the role of blogs in the shaping of the debate over the individual mandate. [read post]
22 May 2011, 9:44 pm by Orin Kerr
(Orin Kerr) If you’re a law student who is interning for a judge this summer, here’s my advice (beyond the usual advice of working hard, being professional, etc.):1) Be incredibly nice to the secretaries. [read post]
4 Oct 2011, 2:56 pm by Orin Kerr
(Orin Kerr) In an earlier post, I looked at the Petitioner’s arguments made in the merits brief filed in United States v. [read post]
30 Apr 2012, 5:09 pm by Orin Kerr
(Orin Kerr) The March 2012 issue of the William and Mary Bill of Rights Journal has an unusual article by Thomas Krattenmaker, Looking Back on Cohen v. [read post]
1 May 2011, 2:01 pm by Orin Kerr
(Orin Kerr) To add a quick thought to Ken’s post on merit scholarships and Eugene’s post on curves, I think there’s a real need for a standardized law school grading curve.The key problem, in my view, is that the lack of a standardized curve makes it very difficult to assess student performance. [read post]
30 Jul 2011, 10:47 am by Orin Kerr
(Orin Kerr) Over at The New Republic, my colleague Jeffrey Rosen argues that a lawsuit challenging a possible decision by President Obama to unilaterally raise the debt ceiling would fail for lack of Article III standing:[I]f Obama invoked the Fourteenth Amendment to raise the debt ceiling unilaterally, the most likely outcome is that the Supreme Court would refuse to hear the case. [read post]
23 May 2011, 7:48 am by Josh Wright
Orin Kerr: If you’re a law student who is interning for a judge this summer, here’s my advice (beyond the usual advice of working hard, being professional, etc.): 1) Be incredibly nice to the secretaries. [read post]
27 Dec 2011, 9:38 am by Orin Kerr
(Orin Kerr) SCOTUSblog flags a pending cert petition on an interesting Fourth Amendment question: What limits, if any, does the Fourth Amendment place on the use of a trained drug-sniffing dog to approach the front door of a home? [read post]
4 Apr 2012, 6:07 pm by Orin Kerr
(Orin Kerr) Today Rush Limbaugh had a segment cheering on Judge Jerry Smith of the Fifth Circuit for joining the “team” that is trying to make President Obama “a one-termer this November at the ballot box”: Now, yesterday afternoon a federal judge by the name of Jerry Smith at the Fifth Circuit Court of Appeals in Houston had had enough, and he demanded that the Justice Department give him a three-page memo on whether or not this administration understands… [read post]
1 Sep 2011, 4:12 pm by Orin Kerr
(Orin Kerr) The Delaware Law Weekly has an interesting story filling in the details of the recent resignations at Widener law school over the university’s suspension of Professor Lawrence Connell. [read post]
4 Aug 2010, 11:42 pm by Orin Kerr
(Orin Kerr) Judge Walker’s opinion in the same-sex marriage case is notable for its factual record. [read post]
24 Mar 2012, 2:21 pm by Orin Kerr
(Orin Kerr) In the run-up to the Affordable Care Arguments, there has been a ton of media coverage about Paul Clement, the attorney who is doing the bulk of the arguments for the challengers. [read post]
8 Oct 2010, 5:32 am by Orin Kerr
(Orin Kerr) In his post on the new district court decision upholding the individual mandate, my co-blogger Randy writes: I do not believe Judge Steeh relied upon existing Supreme Court doctrine because of his claim that this was a case “of first impression” and therefore not covered by that doctrine. [read post]
20 Jan 2012, 12:26 am by Orin Kerr
(Orin Kerr) Commenter Brandon, a frequent critic of my posts on the individual mandate, offers the following question tonight in a comment thread: Orin, The frustrating thing about your posts (especially on obamacare) is that you rarely, IF EVER, come out and just state your f**cking opinion. [read post]
20 Feb 2012, 9:31 pm by Orin Kerr
(Orin Kerr) I recently received a pre-publicaton copy of David Dorsen’s biography of Henry Friendly. [read post]
10 Nov 2010, 12:16 pm by Orin Kerr
(Orin Kerr) Over at her Crossroads blog, Jan Crawford reports on what George W. [read post]