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29 Apr 2019, 4:48 am by SHG
Some of the academics who ponder such things, like Dan Solove and Orin Kerr, tried to come up with competing theories and approaches that would produce an alternative to the two prevailing conflicts, the Katz Reasonable Expectation of Privacy Test and the Third-Party Doctrine. [read post]
25 Apr 2019, 4:23 am by Hon. Richard G. Kopf
Kopf Senior United States District Judge (Nebraska) [i] For a deep dive into the legal stuff by Professor Orin Kerr, see here. [read post]
24 Apr 2019, 5:26 am by Nathaniel Sobel
” In a recent Texas Law Review article, Orin Kerr characterizes the doctrine in the terms of “prosecutorial advantage,” writing: “If the government already knows the fact or belief that is implicitly asserted, and it has some other way to prove it, then it gains no testimonial advantage by obtaining the defendant’s assertions implicit in his compelled acts. [read post]
24 Apr 2019, 4:46 am by David Oscar Markus
Orin Kerr discusses here:From a practical perspective, this is a really important decision. [read post]
17 Apr 2019, 4:00 am by SHG
As that well-known legal wag Orin Kerr put it, why bother? [read post]
2 Apr 2019, 3:30 am by Kristin Hickman
Perhaps the best response was Professor Orin Kerr’s tongue-in-cheek Green Bag essay in which he documented that, in fact, the Bulgarians really only became interested in Kant’s pronouncements in the late-19th Century and even then mostly ignored his ideas as “obscure and awkward. [read post]
23 Mar 2019, 2:30 pm by David Lat
[Empirical SCOTUS] * Speaking of SCOTUS, it's high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, according to Orin Kerr. [read post]
21 Mar 2019, 3:05 am by Orin Kerr
Courts have been struggling with this issue for years, and now the law is even more divided than before.The Stored Communications Act, a federal law governing e-mail privacy, is notoriously difficult to understand. [read post]
19 Mar 2019, 9:29 am by Orin Kerr
I blogged about this case last year, and now I've filed a cert petition in the case.I recently wrote a long and detailed blog post about a new Fourth Amendment case from the Nebraska Supreme Court, State v. [read post]
17 Mar 2019, 6:00 am by Will Baude
" Sam joins a long list of illustrious Story/Bator award receipients, including co-bloggers Randy Barnett (1991), Paul Cassell (1998), Eugene Volokh (1999), Jonathan Adler (2004), Orin Kerr (2007), Sai Prakash (2008), Eugene Kontorovich (2012), and Nita Farahany (2013). [read post]
21 Feb 2019, 7:44 am by Howard Bashman
More recently, UC Hastings College of the Law has posted on YouTube four videos from that event: “Justice Kennedy and the First Amendment“; “Justice Kennedy and Due Process“; “Justice Kennedy’s Overall Impact“; and “Orin Kerr on Justice Kennedy and the Counter-Majoritarian Difficulty. [read post]