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31 Aug 2011, 4:14 pm
(Orin Kerr) I appreciate Tim Groseclose’s reply below, but I fear his response only makes me more skeptical of the reasoning he uses. [read post]
5 Dec 2010, 5:48 pm
(Orin Kerr) I’m generally pretty skeptical about constitutional amendments, for a bunch of reasons. [read post]
13 Sep 2010, 4:45 pm
(Orin Kerr) Lawyers often explore legal arguments by offering “hypotheticals,” or “hypos” for short. [read post]
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]
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]
19 Apr 2011, 11:39 am
(Orin Kerr) A group of law reviews — including the main law reviews at Harvard, Yale, Chicago, and Stanford — have announced that they are opposed to exploding offers of publication. [read post]
27 Nov 2008, 6:23 am
Orin Kerr at VC provides a short oversight of the verdict.By definition, a misdemeanor carries a maximum sentence of one year incarceration. [read post]
8 Nov 2014, 6:55 am
Orin Kerr provided audio of this week’s oral arguments in Klayman 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]
30 Apr 2012, 11:51 am
(Orin Kerr) In 2011, the U.S. [read post]
11 May 2010, 3:45 pm
(Orin Kerr) A while back I blogged a bunch about whether the good faith exception to the exclusionary rule should apply when a search that is constitutional under existing law at the time of the search is ruled unconstitutional on direct appeal. [read post]
6 Oct 2011, 9:36 am
(Orin Kerr) In recent years, lower courts have struggled to figure out how the Fourth Amendment applies to the collection of DNA from a suspect to try to prove identity in a criminal case (typically in rape cases). [read post]
13 Jul 2011, 12:22 pm
(Orin Kerr) As most readers are aware, the English newspaper “News of the World” has recently been shut down over reports that the paper’s reporters regularly hacked into the voicemail boxes of celebrities and political figures to gather news for stories. [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]
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]
30 Jan 2012, 1:59 pm
(Orin Kerr) If anything is clear from the Supreme Court’s decision last week in United States v. [read post]
11 Jul 2012, 7:31 am
At the Volokh Conspiracy, Orin Kerr discusses whether the decision has inspired “a genuine realignment of what it means to be a judicial conservative and a judicial liberal,” and speculates that “[o]ver the long term, the answer likely depends on the personnel of the Court. [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 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]
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]
