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9 Mar 2011, 10:20 pm
(Orin Kerr) Linda Greenhouse has a post at the Opinionator blog wondering what Justice Scalia hopes to accomplish by his sometimes-overheated dissents:So the question raised by Justice Scalia’s most recent intemperate display remains: what does this smart, rhetorically gifted man think his bullying accomplishes? [read post]
27 Mar 2011, 10:03 pm
(Orin Kerr) In a recent article, Ex Ante Regulation of Computer Search and Seizure, 96 Va. [read post]
7 Jun 2011, 11:18 am
(Orin Kerr) My friend Jennifer Granick points me to an interesting new case, Hubbard v. [read post]
17 May 2011, 4:33 pm
(Orin Kerr) The Ninth Circuit recently ruled that an employee “exceeds authorized access” to his employer’s computer when he violates the employer’s Internet use restrictions: Given that federal law criminalizes exceeding authorized access, see 18 U.S.C. 1030(a)(2)(C), that would mean that every employee who surfs the Internet, checks Facebook, or logs in to personal e-mail from work is guilty of a federal crime if the employer’s workplace Internet use… [read post]
15 Dec 2010, 1:13 pm
(Orin Kerr) Many thanks to Randy Barnett for his thoughtful views below on the relationship between the Necessary and Proper Clause and existing Commerce Clause doctrine. [read post]
14 Aug 2006, 5:39 am
There's a modestly interesting thread in the comments section there involving Dan, Orin Kerr and me, among others. [read post]
27 Feb 2011, 6:20 pm
(Orin Kerr) Over at Prawfs, Steve Vladeck has an extended response to my recent post, The Strange Case of Ashcroft v. [read post]
2 Apr 2012, 7:41 pm
(Ilya Somin) Both Dave Hoffman and Orin Kerr have recently suggested that some of the liberal legal commentators who claimed that the individual mandate was a slam dunk case for the government were doing so for the purposes of “shaping the narrative” about the case, and may not have actually believed what they said. [read post]
23 Aug 2012, 1:55 pm
(Ilya Somin) Co-blogger Orin Kerr describes a planned effort by one local government to raise revenue by increasing asset forfeitures through the use of drug-sniffing dogs. [read post]
15 Sep 2011, 4:20 pm
(Orin Kerr) I was fascinated to see this very persuasive op-ed on the Computer Fraud and Abuse Act by a Mr. [read post]
11 Nov 2008, 7:30 am
Orin Kerr at Volokh Conspiracy alerts us to an update in the Lori Drew/Myspace case that has raised so many concerns, pointing to this AP story on Judge George Wu's preliminary decision as to the scope of the upcoming trial. [read post]
6 May 2010, 7:34 pm
(Orin Kerr) Author’s Note: This post is a self-indulgent academic rumination about the area of law in which I do a lot of writing. [read post]
14 Dec 2014, 8:33 am
[Prior micro-symposia have focused on Orin Kerr's A Theory of Law and Suzanna Sherry's Why We Need More Judicial Activism]. [read post]
21 Jul 2012, 11:42 am
(Orin Kerr) The NALP Bulletin has a really fascinating essay on the history of the salary distribution of new lawyers from 1991 to 2011. [read post]
1 Feb 2011, 2:35 pm
(Orin Kerr) My earlier post on Judge Vinson’s opinion seems to have caused a lot of confusion, so I thought I would try again to express my concerns with Judge Vinson’s opinion a bit more clearly.The core problem, I think, is that Supreme Court doctrine has strayed far from the original meaning of the scope of federal power granted by the Constitution. [read post]
4 Oct 2010, 2:19 pm
(Orin Kerr) First, consider some headlines about the Supreme Court from major news sources: The New York Times, July 2010: “Court Under Roberts Is Most Conservative in Decades” Los Angeles Times, January 2010: “A Bold Conservative Step by Supreme Court” USA Today, June 2009: “High Court Curves In Conservative Direction” Washington Post, June 2007: “Narrow Victories Move Roberts Court to Right” San Francisco Chronicle, June 2007:… [read post]
21 May 2012, 3:02 pm
(Orin Kerr) The Harvard Law Review has just posted the final version of my response to Professor Slobogin’s critique of my recent article, An Equilibrium-Adjustment Theory of the Fourth Amendment. [read post]
30 Mar 2009, 3:44 pm
Orin Kerr has posted the second part of his technology neutral approach to applying the 4th Amendment to the motherboard over at Volokh, and provides some greater insight into his plan for the future of search and seizure law as applied to the digital world. [read post]
29 Nov 2008, 6:15 am
The gravamen of the argument against the Lori Drew indictment/conviction is often misunderstood, but Orin Kerr helps to clarify by posting the Volokh Conspiracy's new Terms of Service. [read post]
13 Jul 2015, 4:59 am
Whether it’s a problem for us or them is the tacit heart of Orin Kerr’s fascinating question as to the limitations on seizures of digital evidence under a search warrant. [read post]
