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22 Jun 2011, 1:20 pm
(Orin Kerr) I’ve blogged before about the fascinating and important issue of whether magistrate judges have the power to impose ex ante restrictions on how computer searches will be executed as a condition of issuing warrants to search computers. [read post]
17 May 2011, 3:49 pm
(Orin Kerr) The case is Koch Industries, Inc. v. [read post]
5 Jun 2012, 9:15 am
(Orin Kerr) I enjoyed two recent graduation-related speeches found online: Judge Frank Easterbrook’s Commencement Address at Swarthmore, and Michael Lewis’s Baccalaureate Remarks at Princeton. [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]
18 Mar 2012, 6:43 pm
(Orin Kerr) The various opinions in United States v. [read post]
12 Jan 2011, 1:45 pm
(Orin Kerr) Today the Supreme Court heard oral argument in Kentucky 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, 10:19 am
(Orin Kerr) The Eleventh Circuit has handed down a new en banc decision, Gilbert v. [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]
16 Sep 2016, 7:51 am
Orin S. [read post]
28 Aug 2012, 10:57 am
(Orin Kerr) When the government seeks to establish probable cause that evidence or contraband is inside a home, it sometimes has to deal with concerns of “staleness. [read post]
5 Oct 2010, 11:25 pm
(Orin Kerr) I haven’t blogged any detailed thoughts on the constitutionality of the individual mandate, as I’m not an expert in the Commerce Clause or the Necessary and Proper Clause. [read post]
14 Aug 2012, 11:02 am
(Orin Kerr) The decision handed down this morning is United States v. [read post]
12 Dec 2010, 1:24 pm
(Orin Kerr) In a recent comment thread, commenter Leo Marvin asked an interesting question on why it is so common to blend together interpretations of what constitutional law “is” with what constitutional law “should be. [read post]
13 Jul 2012, 12:02 pm
(Orin Kerr) Ilya’s post on the Chief Justice’s vote in Sebelius and the Supreme Court’s legitimacy brings up an important tension in the popular belief that Roberts switched his vote because he caved to outside pressure. [read post]
26 Feb 2016, 2:00 am
USA Today reports that the high court appeared to be split in a 4-4 deadlock at oral argument of a criminal case involving the exclusionary rule on Monday; Orin Kerr has more analysis of the legal issue here. [read post]
24 Apr 2012, 8:56 am
(Orin Kerr) ESPN has the story of the accusation: The U.S. [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 Aug 2011, 10:02 am
(Orin Kerr) There has to be some natural limit on how much commentary readers can bear on the individual mandate, but I wanted to respond to one argument that seems to be at the core of the arguments in the mandate debate. [read post]
