Search for: "Ex Parte Kerr"
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27 Dec 2012, 7:38 am
Within Ex parte Kerr To teach away, prior art must “criticize, discredit, or otherwise discourage the solution claimed. [read post]
1 Jan 2016, 3:54 am
It’s one of the fundamental flaws with Orin’s contention that the ex parte application for a warrant shouldn’t be subject to serious ex ante review by the issuing magistrate. [read post]
13 Apr 2014, 4:43 am
Because a search warrant application is ex parte, the duty to scrutinize increases rather than decreases, or ceases to exist entirely. [read post]
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]
14 Oct 2011, 12:25 pm
(Orin Kerr) My co-blogger David Post has authored several passionate posts harshly criticizing the federal government’s recent practice of seizing domain names pursuant to ex parte court orders based on probable cause. [read post]
23 Jun 2011, 9:49 am
Third, as I explain in my article, the absence of ex ante restrictions will prompt and facilitate ex post restrictions by appellate courts that will make ex ante restrictions unnecessary.The second argument made by defenders of ex ante search restrictions is that ex ante restrictions are part of the particularity requirement. [read post]
12 Mar 2012, 10:25 pm
In denying the government’s ex parte application, the Court directed the government to seek clarification from the issuing judge to cure any ambiguities. [read post]
10 Sep 2008, 6:47 pm
United States ex rel. [read post]
30 Mar 2009, 3:44 pm
Orin Kerr has posted the second part of his technology neutral approach to applying the 4th Amendment to the motherboard over at Volokh, and provides some greater insight into his plan for the future of search and seizure law as applied to the digital world. [read post]
25 Jul 2016, 7:30 am
In other words, it is not sufficient to base an (a)(4) claim on misuse.But Nosal I did not address the other part of (a)(4). [read post]
16 Dec 2010, 3:24 pm
(Orin Kerr) The Supreme Court recently handed down a unanimous 8–0 decision by Justice Ginsburg in Abbott v. [read post]
15 May 2023, 2:51 pm
But that led the court to look at whether there was an intentional violation of the ex ante restriction, part of the Rule 41 suppression standard. [read post]
30 Nov 2011, 6:11 am
As Kerr describes a medical computer system, Harsham simply shows that one of ordinary skill new that Kerr’s administration could be simplified by using rules. [read post]
26 Mar 2019, 8:08 am
” (Quoted in para 44 (v) of Lord Kerr’s judgment) In the event a decision was made on 11 July 2011 that a public inquiry would not be conducted. [read post]
3 Sep 2012, 1:09 pm
The Fifth Circuit dispute is ex parte — that is, from only one side. [read post]
25 Mar 2007, 9:48 pm
"Jimmy, before you answer that question I would like to point out I am pretty sure that you have been listening to the ex governor-general of Australia, Peter Hollingworth," Barclay said. [read post]
14 Dec 2010, 5:52 pm
W. 1107, 1110 (1903); Ex parte Hurn, 92 Ala. 102, 112, 9 So. 515, 519—520 (1891); Thatcher v. [read post]
27 Feb 2012, 11:33 pm
Ex parte applications have none of these features. [read post]
4 Nov 2011, 8:04 am
“I didn’t want to be any part of these nasty people,” Ms. [read post]
10 Feb 2011, 1:21 pm
(Orin Kerr) Back in August, I had a long post, Fourth Amendment Stunner: Judge Rules That Cell-Site Data Protected By Fourth Amendment Warrant Requirement, about a recent Fourth Amendment decision by Magistrate Judge James Orenstein. [read post]
