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2 Jun 2022, 5:19 am
The present case relates to the admittance of a new ground for opposition which was raised during the oral proceedings before the opposition division but had deliberately not been decided upon by the opposition division. [read post]
27 Oct 2009, 10:44 pm
It's the one that Orin discusses below, but he was too modest to note the court's reliance on his own work. [read post]
27 Apr 2008, 5:20 pm
A few weeks ago, the District of New Hampshire decided that right of publicity claims were “intellectual property” claims, and thus such claims fell outside Section 230 immunity. [read post]
18 Jan 2016, 11:48 am
But until that update, you could be forgiven for thinking that Kerr believed the only real outrage in this story was my headline, and the only real victim was Judge Lungstrum. [read post]
3 Apr 2012, 12:24 am
(Orin Kerr) In a post published last week on the oral arguments in the health care case, I wrote: If the Court does end up striking down the mandate, this will be the second consecutive presidency in which the Supreme Court imposed significant limits on the primary agenda of the sitting President in ways that were unexpected based on precedents at the time the President acted. [read post]
22 Aug 2011, 2:57 pm
(Orin Kerr) With law school scam blogs being in the blogospheric news these days, I wanted to offer a few thoughts.1. [read post]
25 Oct 2011, 11:58 am
(Orin Kerr) Back in January 2010, I had the following post on the then-new DC Bag tax:A new law recently went into effect in the District of Columbia, the “Anacostia River Clean Up and Protection Act of 2009?. [read post]
2 May 2012, 1:44 pm
(Orin Kerr) Over at Prawfs, Sam Bagenstos flags a new investigation by the DOJ Civil Rights Division: Yesterday, the Division announced the opening of a novel joint investigation of the University of Montana (under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972), and the City of Missoula Police Department and the Office of the Missoula County Attorney (under the police misconduct provision of the 1994 Violent Crime Control and Law Enforcement Act… [read post]
24 Oct 2017, 6:52 am
In November 2017, the Supreme Court (sitting in a panel comprising Lord Mance, Lord Kerr, Lord Reed, Lord Hughes and Lord Lloyd-Jones) will hear this appeal relating to the lawfulness of the disclosure of a rape acquittal on an Enhanced Criminal Records Check (‘ECRC’). [read post]
15 Jul 2011, 12:38 pm
Volokh Conspiracy: DC Circuit Holds That New Airport Screening Security Measures Comply with the Fourth Amendment by Orin Kerr: The new airport screening measures involving millimeter wave technology and backscatter technology — together with the opt-out of a pat-down — have received a great deal of public attention. [read post]
2 Feb 2011, 7:46 am
Discussing Judge Vinson's ruling on the health bill, Orin Kerr writes: If you are an originalist, [. . . i]f you? [read post]
4 Apr 2008, 8:08 pm
Orin Kerr had one at Volokh Conspiracy. [read post]
16 Apr 2010, 11:35 am
(Orin Kerr) My co-blogger Randy asks for my explanation of part of a blog comment I left over at Prawfs on his use of “unprecedented. [read post]
11 Mar 2011, 7:53 pm
(Orin Kerr) From the January 1964 issue of the Harvard Law Review, a review by Judge Henry Friendly of a new book on legal issues raised by aviation, titled “Air Law,” by NYU Law Professor DeForest Billyou:A reviewer of this book must begin by asking what purpose it was intended to serve. [read post]
22 Aug 2010, 5:51 pm
(Orin Kerr) I wanted to follow up my recent post on Constitutional Theory Debates in a Nutshell by talking about what seems to be the core difficulty with grand constitutional theories — that is, single overarching methodologies to construe the Constitution. [read post]
2 Dec 2010, 3:14 pm
(Orin Kerr) I appreciate Ilya’s post below on the meaning of “activity” in Commerce Clause jurisprudence, and I wanted to add two brief observations: 1) If I understand Ilya’s argument, he begins with an assumption as to how much power Congress has, and he then reasons backwards to infer the meaning of “activity” in order to make that assumption correct. [read post]
29 Dec 2011, 10:20 am
(Orin Kerr) Over at Ricochet, via Instapundit, Paul Rahe argues that conservatives should prefer a government-run health care system paid for by higher taxes over an individual-mandate approach: Government exists first and foremost for the sake of our protection. [read post]
24 Feb 2011, 7:48 am
(Orin Kerr) The Federalist Society had an interesting podcast on the issue back in October that you can listen to here. [read post]
9 Feb 2012, 1:32 pm
(Orin Kerr) No, claims the plaintiff in Wong v. [read post]
18 Oct 2010, 9:21 am
(Orin Kerr) Today the Supreme Court granted cert in Ashcroft v. [read post]
