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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]
13 Feb 2019, 5:30 am by Irina Manta
While the case was reminiscent in some ways of that in which Lori Drew convinced 13-year-old Megan Meier via a fake MySpace account to kill herself, one of the key differences is that Meier was a minor, a status that often comes with special legal treatment (note: Orin Kerr was a pro bono lawyer for Drew, and the judge actually overturned the jury's conviction under the Computer Fraud and Abuse Act). [read post]
31 Jan 2019, 3:05 pm by Orin Kerr
A few tentative thoughts.Axios reports that several important legislators have proposed new criminal laws banning the creation or distribution of so-called "deepfakes," computer generated videos that make it seem like someone did something they didn't actually do. [read post]
22 Jan 2019, 8:18 am by Howard Wasserman
Orin Kerr flags this Third Circuit decision holding that a Fourth Amendment right was not clearly established where a binding circuit decision was handed down two days before the events at issue. [read post]
21 Jan 2019, 9:14 pm by Orin Kerr
A fascinating question about qualified immunity law.I realize that qualified immunity is a pretty unpopular doctrine, especially here at the Volokh Conspiracy. [read post]
18 Jan 2019, 12:36 pm by Gerard Magliocca
In response to my post earlier this week about the Second Amendment, Orin Kerr asked why I think that there is no compelling reason for treating the provisions within the Bill of Rights as equals. [read post]
15 Jan 2019, 3:41 am by Orin Kerr
Thoughts on reading Judge Sutton's new book.I recently read Judge Jeffrey Sutton's excellent new book, 51 Imperfect Solutions: States and the Making of American Constitutional Law. [read post]
15 Jan 2019, 2:11 am by Orin Kerr
A new ruling, and some (mostly critical) thoughts.Magistrate Judge Kandis Westmore of the U.S. [read post]