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4 Aug 2010, 6:38 pm by Orin Kerr
(Orin Kerr) A lot of the legal issues in Judge Walker’s opinion have been addressed elsewhere, but I wanted to focus on one narrow part of the opinion raising an issue of particular interest to me: Whether and when the pragmatic concerns abut rapidly changing social institutions provide a rational basis for rejecting such changes. [read post]
23 Feb 2011, 12:49 pm by Orin Kerr
(Orin Kerr) I can understand the intense political pressure on the Obama Administration not to defend DOMA. [read post]
2 Feb 2008, 7:59 am
Our roundup link to a discussion of the classic jury-deliberation movie stirred up a considerable discussion among David Bernstein, Ilya Somin, Orin Kerr and commenters at the Volokh Conspiracy. [read post]
1 Apr 2010, 9:58 am by John Steele
 Opinion here.UPDATE: Orin Kerr, at Volokh, puts a finer point on the ruling: the US did not defend the legality, so, strictly speaking, the Judge was ruling on the "state secrets" defense. [read post]
4 Jan 2011, 10:26 pm by Orin Kerr
(Orin Kerr) Next week, the Supreme Court will be hearing oral argument in Kentucky v. [read post]
20 Oct 2011, 11:50 pm by Orin Kerr
(Orin Kerr) On November 8th, the Supreme Court will hear oral argument in United States v. [read post]
18 Nov 2013, 7:03 am by Gritsforbreakfast
Responding to a blog post from Georgetown law prof David Cole advocating the affirmative, George Washington University law prof Orin Kerr offered an opposing view, suggesting that his differences with Cole "are based on two different conceptions of government. [read post]
30 Aug 2010, 11:46 pm by Orin Kerr
(Orin Kerr) A few federal court opinions have been making a big public splash recently by taking surprising positions on how the Fourth Amendment applies to location surveillance. [read post]
27 Mar 2023, 2:28 pm by Orin S. Kerr
For example, I won't have it be writing my bio any time soon. pic.twitter.com/2b8H01jzxG — Orin Kerr (@OrinKerr) January 13, 2023 To correct the errors in the ChatGPT output, I joined Berkeley in 2019, not 2018; I didn't go to Yale Law School; I didn't clerk for Judge O'Scannlain; I wasn't an appellate lawyer at DOJ; there is no 2019 edition of my Computer Crime Law casebook, and it certainly wouldn't be the 2nd edition, as we're now on the… [read post]
10 Nov 2024, 1:30 pm by Orin S. Kerr
Windham's response: Professor Orin Kerr recently defended the "open fields" doctrine on textualist grounds. [read post]
15 Jul 2011, 8:19 am by Orin Kerr
(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]
3 Jan 2012, 10:40 pm by Orin Kerr
(Orin Kerr) Originalists are often opposed to the exclusionary rule, the rule that evidence obtained in violation of the Fourth Amendment cannot be used in court. [read post]
18 Dec 2011, 9:46 pm by Orin Kerr
(Orin Kerr) I’ve blogged a lot about the Ninth Circuit’s en banc case in United States v. [read post]
21 Feb 2011, 8:52 pm by Orin Kerr
(Orin Kerr) Next week, the Supreme Court will be hearing oral argument in Ashcroft v. [read post]
27 Feb 2012, 11:33 pm by Orin Kerr
(Orin Kerr) Last week, I filed an amicus brief in the Fifth Circuit on a very important question in high-tech crime investigations. [read post]
10 Apr 2012, 10:34 am by Orin Kerr
(Orin Kerr) The Ninth Circuit has just handed down its long-awaited en banc decision in United States v. [read post]
26 May 2011, 11:16 am by Orin Kerr
(Orin Kerr) Based on an initial read, I find today’s decision in Camreta v. [read post]
1 Jul 2012, 11:01 pm by Orin Kerr
(Orin Kerr) Back in 2009, I first blogged about an interesting Fourth Amendment case, United States v. [read post]
29 Feb 2012, 2:06 pm by Orin Kerr
(Orin Kerr) I am often filled with a mild sense of both excitement and dread when I learn that Judge Posner has authored an opinion in areas of law that I follow closely. [read post]