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6 Nov 2013, 1:30 pm by Kenneth J. Vanko
(Professor Orin Kerr represented Drew in this case.)A similar dust-up ensued in an Oregon middle school recently, when a number of students created fake Facebook and Twitter accounts under the name of their assistant principal, Adam Matot. [read post]
12 Jul 2012, 2:43 pm by Ilya Somin
(Ilya Somin) Various commentators, such as co-blogger Orin Kerr and Joel Alicea argue that the individual mandate case represents a sea change in conservative attitudes to judicial review. [read post]
2 Jul 2013, 5:20 pm by Megan Geuss
Yesterday, the EFF filed a formal appeal with the Third Circuit US Court of Appeals to overturn the conviction of Andrew “weev” Auernheimer, who is currently serving a 41-month sentence at Allenwood Low Federal Correctional Institute in White Deer, Pennsylvania. [read post]
30 Aug 2012, 9:39 pm by Orin Kerr
(Orin Kerr) This is the second in a series of posts on the justiciability of Fourth Amendment disputes. [read post]
16 Aug 2010, 11:10 am by Orin Kerr
(Orin Kerr) In Year Zero, a new constitutional provision is enacted that has two provisions, A1 and B1. [read post]
27 Apr 2011, 10:45 am by Orin Kerr
(Orin Kerr) One of the unfortunate aspects of the Paul Clement departure from King & Spalding — unfortunate, at least to me — is the extent to which it may signal a growing divide in Washington appellate practices between “conservative” firms and “liberal” ones. [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]
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]
30 Sep 2011, 1:10 pm by Orin Kerr
(Orin Kerr) The Fourth Amendment allows the police to pull over a driver who has committed a traffic violation, and to detain that person for a reasonable period of time to investigate the traffic violation. [read post]
8 Sep 2010, 11:23 am by Orin Kerr
(Orin Kerr) A while back, I blogged at length about the Third Circuit’s pending case involving government access to historical cell-site records. [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]
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]
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]
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 Apr 2011, 4:25 am by SHG
At Volokh Conspiracy, Orin Kerr points to two new decisions on dog hits that reflect a monumental clash. [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]