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13 Aug 2011, 4:13 pm by Orin Kerr
(Orin Kerr) When a court hands down a 207-page majority opinion on a Friday afternoon in August, close scrutiny of its reasoning in the blogosphere generally waits for Monday. [read post]
21 Aug 2012, 11:46 pm by Orin Kerr
(Orin Kerr) The Fourth Circuit decided a very interesting Fourth Amendment case last week on the constitutionality of DNA testing, the scope of the plain view exception, and the scope of the exclusionary rule. [read post]
26 Oct 2012, 9:52 am by Orin Kerr
(Orin Kerr) Next Wednesday is Dog Sniff day at the Supreme Court, when the Court will hear oral argument in Florida v. [read post]
3 Aug 2010, 12:29 pm by Orin Kerr
(Orin Kerr) Salon’s Glenn Greenwald has an interesting post about a group called “Project Vigillant,” which it seems is some sort of volunteer private-sector group that tracks hackers (and perhaps other bad guys). [read post]
21 Nov 2012, 11:27 am by Derek Bambauer
Orin Kerr has an excellent summary and tick-tock over at Volokh Conspiracy, and Chris Soghoian has a nice combination of technical and legal analysis in his role as the ACLU’s chief geek. [read post]
8 Nov 2011, 11:14 pm by Orin Kerr
(Orin Kerr) The Justices of the Supreme Court will meet soon to offer preliminary votes in United States v. [read post]
15 Jan 2012, 8:52 am by Biella Coleman
Inspired by Orin Kerr’s question (“is your work focused on the internal narratives and ideologies that people use to describe/justify what they do, or is it focused externally on the actual conduct of what people do? [read post]
23 Mar 2011, 11:46 pm by Orin Kerr
(Orin Kerr) On Monday, the Second Circuit handed down a very important decision on standing to challenge secret surveillance programs in Amnesty International USA v. [read post]
23 Jan 2012, 10:59 am by Orin Kerr
(Orin Kerr) In its opinion below in what became United States v. [read post]
27 Sep 2011, 10:18 am by Orin Kerr
(Orin Kerr) The New York Times has a story on the police “stop and frisk” policies in New York City that states:Critics say that as part of the Police Department’s stop-and-frisk policy, officers routinely tell suspects to empty their pockets and then, if marijuana is displayed, arrest them for having the drugs in public view, thereby pushing thousands of people toward criminality and into criminal justice system.Over at Prawfs, Dan Markel notes the serious… [read post]
21 Mar 2014, 2:50 am by SHG
Oral argument in the Andrew “Weev” Auernheimer case was held before the 3rd Circuit Court of Appeals, with Orin Kerr, knowledgeable in both law and technology, squaring off against AUSA Glen Moramarco, knowledgeable in the limits of the judiciary’s virtual grasp. [read post]
24 Jan 2011, 11:53 am by Orin Kerr
(Orin Kerr) Here’s something you don’t see every day: A federal court of appeals overturning a criminal conviction on the ground that the trial judge’s finding that a police officer testified truthfully was “clearly erroneous. [read post]
19 Sep 2011, 5:12 pm by Orin Kerr
(Orin Kerr) One of the common claims made by opponents of the individual mandate is that it is “unprecedented” — and therefore constitutionally suspect — for Congress to use the Commerce Clause power to mandate the purchase of a product. [read post]
29 Dec 2011, 11:09 pm by Orin Kerr
(Orin Kerr) Kevin Walsh flags a very unusual Fourth Amendment case out of the Fourth Circuit that reaches a rather surprising holding: The police violate the Fourth Amendment, justifying suppression of the evidence, when the police use a knife to remove drugs tied around a suspect’s private parts during a search incident to arrest. [read post]
11 Aug 2011, 4:31 pm by Orin Kerr
(Orin Kerr) Thanks to Lyle Denniston, I learned today that the Justice Department has just filed its brief in United States v. [read post]
26 May 2018, 4:23 am by SHG
Orin Kerr famously wrote “brilliant people agree with me. [read post]
9 Oct 2014, 3:08 am by SHG
In deconstructing the tête-à-tête between Judge Richard Kopf and Lawprof Orin Kerr the other day, I noted the “remarkable deference” shown police safety by the judge. [read post]