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10 Jul 2024, 4:14 pm
See Orin S. [read post]
9 Jul 2024, 7:14 am
This is the third post in a series highlighting flaws in the proposed UN Cybercrime Convention. [read post]
28 Jun 2024, 12:23 pm
In the 40 years since, the case has been cited 7,659 times according to Westlaw (and Orin Kerr). [read post]
10 Jun 2024, 12:35 pm
[A response to Josh.] [read post]
30 May 2024, 1:02 am
I'm pleased to be able to post the cover of my forthcoming book, The Digital Fourth Amendment, which will be published this fall (or thereabouts) by Oxford University Press. [read post]
28 May 2024, 4:07 am
At Volokh Conspiracy, Orin Kerr raises an interesting point about what he calls “meaning assignment. [read post]
27 May 2024, 5:50 pm
[A thought.] [read post]
9 May 2024, 7:45 am
” Orin S. [read post]
9 May 2024, 3:41 am
As noted by Orin Kerr at VC, do judges have a role, any role, to play in this melodrama? [read post]
8 May 2024, 11:36 pm
[A disagreement.] [read post]
4 May 2024, 6:36 pm
[Orin Kerr's reading of NY criminal law is overly broad and would chill constitutionally protected speech] My co-blogger Orin Kerr argues that the NY Falsifying Business Records law, Section 175.10 includes two elements: 1) falsifying business records; and 2) doing so "when the intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. [read post]
4 May 2024, 2:00 pm
[A reply to Steve.] [read post]
4 May 2024, 12:35 pm
[The 34 misdemeanor charges of falsifying business record to conceal some other crime clearly contemplate a violation of federal or state elections laws and that "other crime" is not a crime because of the First Amendment] My co-blogger Orin Kerr says that President Donald Trump's First Amendment rights are not being violated by the NY State prosecution of him because Trump is being prosecuted only for falsifying business records. [read post]
4 May 2024, 3:49 am
Orin Kerr says no. [read post]
3 May 2024, 11:09 pm
[A response to Steve Calabresi.] [read post]
1 May 2024, 3:59 pm
[A new lecture on a recurring topic.] [read post]
1 May 2024, 6:00 am
This week at Balkinization we are hosting a symposium on David Pozen's new book, The Constitution of the War on Drugs (Oxford University Press, 2024).We have assembled a terrific group of commentators, including Rachel Barkow (NYU), Paul Butler (Georgetown), Orin Kerr (Berkeley), Paul-Emile Kimani (Fordham), Jennifer Oliva (Iowa), Shaun Ossei-Owusu (Penn), Louis Michael Seidman (Georgetown), and Katherine Shaw (Penn).At the conclusion, David will respond to the commentators. [read post]
26 Apr 2024, 1:55 pm
[A follow-up to my post last year on the inevitable discovery exception to the exclusionary rule.] [read post]
17 Mar 2024, 1:30 pm
" (My co-bloggers Orin Kerr and Ilya Somin also weighed in on some of these questions in 2010.) [read post]
16 Mar 2024, 1:57 am
["If you go in there without probable cause it will be an illegal search, you know that. [read post]
