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7 Sep 2010, 7:48 pm
(Orin Kerr) Jonathan links below to Adam Liptak’s front-page New York Times article on the ideology of law clerks, and Jason Mazzone’s critique of it. [read post]
2 Apr 2012, 1:50 pm
(Orin Kerr) Over at Prawfs, Paul Horwitz has a provocative post criticizing lawprofs who have commented on the health care cases as advocates without saying so — and specifically, lawprofs who have been formally writing as scholars but really writing as advocates with a goal of “shaping the narrative” of opinion on the constitutional challenge to the mandate: [T]here is . . . something wrong about yoking one’s reputation as a scholar and expert to the… [read post]
21 Mar 2012, 10:54 am
(Orin Kerr) Most criminal cases are resolved by plea bargains. [read post]
7 Oct 2008, 6:45 am
As an afterthought to a post about President Bush's approval rating, for which the word "low" no longer suffices, Orin Kerr at VC provides the following snippet of statistical data from Rasmussen Reports: Here's another interesting poll, this one on opinions toward Congress: Only half (49%) [of respondents to the poll] believe that the current Congress is better than individuals selected at random from the phone book. [read post]
17 May 2011, 3:49 pm
(Orin Kerr) The case is Koch Industries, Inc. v. [read post]
31 Oct 2011, 4:46 pm
(Orin Kerr) Three weeks ago, I blogged about a Maryland case holding that a defendant had no reasonable expectation of privacy in his DNA left in a chair at the station house. [read post]
20 May 2011, 1:33 pm
(Orin Kerr) There are a lot of debates about “judicial activism” in which some question whether the term has real meaning. [read post]
16 Feb 2011, 1:50 pm
(Orin Kerr) One of the common ways that law professors keep students mildly entertained in class is by posing hypotheticals involving their professors and the Dean. [read post]
20 May 2011, 10:19 am
(Orin Kerr) The Eleventh Circuit has handed down a new en banc decision, Gilbert v. [read post]
4 May 2010, 10:23 pm
(Orin Kerr) The New York Times reports about the interrogation of Faisal Shahzad, who was arrested for trying to explode a bomb in Times Square: The suspect, Faisal Shahzad, was interrogated without initially being read his Miranda rights under a public safety exception, and provided what the F.B.I. called “valuable intelligence and evidence. [read post]
31 Jan 2011, 8:51 pm
(Orin Kerr) I agree with Ilya that “Judge Vinson’s analysis of the Necessary and Proper Clause is a big improvement on Judge Henry Hudson’s performance in the recent Virginia ruling striking down the mandate. [read post]
7 Jul 2011, 1:43 pm
(Orin Kerr) Last week’s post, What Should Conservative Lower Court Judges Do With Liberal Supreme Court Precedents? [read post]
5 Jul 2012, 12:21 pm
(Orin Kerr) A fascinating new leak from deep inside the Supreme Court has just surfaced on what Roberts was thinking when he switched his vote in the health care cases. [read post]
3 Sep 2012, 1:09 pm
(Orin Kerr) This is the third in a series of posts on the pending Fifth Circuit case about a magistrate judge’s power to deny statutory applications to collect records under the Stored Communications Act in light of fears that (depending on how one interprets the Fourth Amendment) the execution of the order might violate the target’s Fourth Amendment rights. [read post]
24 Apr 2012, 8:56 am
(Orin Kerr) ESPN has the story of the accusation: The U.S. [read post]
6 May 2012, 3:38 pm
(Orin Kerr) Last week I had the pleasure of reading a pre-publication draft of Brian Tamanaha’s new book, Failing Law Schools, which has not yet been released but can be pre-ordered now. [read post]
20 Jan 2012, 10:25 am
(Orin Kerr) Thanks very much to Randy for his post arguing that his “no commandeering of the people” theory could be the argument that addresses my different concerns and create a sound way to strike down the mandate. [read post]
8 Mar 2012, 11:37 am
(Orin Kerr) Earlier today, I sent off to law reviews a new draft article on the implications of the mosaic theory of the Fourth Amendment introduced in the GPS case, United States v. [read post]
14 Apr 2010, 12:48 pm
(Orin Kerr) With law school spring exams around the corner, I wanted to blog on a common law school mistake on “issue spotter” exams: Writing too soon, and then writing too much on the facts at the top of the fact pattern. [read post]
18 Mar 2012, 6:43 pm
(Orin Kerr) The various opinions in United States v. [read post]
