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Orin S. Kerr

Orin S. Kerr

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"Out of my peripheral I felt as if something could have taken place."

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Orin S. Kerr

Kindle Version of "The Digital Fourth Amendment" Is Now Available

13.12.2024 1

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Orin S. Kerr

Why Do Search Warrants "Command" that Searches Occur?

Orin S. Kerr | 11.23.2024 6:32 PM If you read a lot of search warrants, you may have noticed something odd about the standard...

24.11.2024 7

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Orin S. Kerr

A Debate Over the Open Fields Doctrine and Fourth Amendment Law

Orin S. Kerr | 11.10.2024 4:30 PM I recently posted about the open fields doctrine of Fourth Amendment law, the rule that it is...

11.11.2024 10

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Orin S. Kerr

Fourth Circuit Votes to Rehear Its Geofence Warrant Case

Orin S. Kerr | 11.1.2024 3:41 PM I've blogged a lot about the recent geofence warrant cases in the Fourth Circuit and the Fifth...

02.11.2024 5

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Orin S. Kerr

Terms of Service Do Not Eliminate Fourth Amendment Rights in a Google Account

Orin S. Kerr | 11.1.2024 1:57 AM As regular readers may recall, I argued in a recent article that terms of service to an Internet...

01.11.2024 20

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Orin S. Kerr

The Open Fields Doctrine and the Text of the Fourth Amendment

Orin S. Kerr | 10.31.2024 4:07 PM This essay in the print edition of Reason argues that courts should overturn the "open fields"...

01.11.2024 8

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Orin S. Kerr

DOJ Files Petition for Rehearing in the Fifth Circuit on Geofence Warrants

Orin S. Kerr | 10.24.2024 10:09 PM Back in August, I had two very long posts about the Fifth Circuit's remarkable decision in ...

25.10.2024 8

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Orin S. Kerr

You Can Now Pre-Order "The Digital Fourth Amendment"

Orin S. Kerr | 10.16.2024 2:49 PM I'm pleased to say that you can now pre-order my book, The Digital Fourth Amendment: Privacy and...

16.10.2024 3

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Orin S. Kerr

Michigan Supreme Court Grants Review in People v. Carson

25.09.2024 4

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Orin S. Kerr

Stephen Vladeck Replies to Judge Reed O'Connor on Forum Selection and Judge-Shopping

Orin S. Kerr | 9.25.2024 5:32 AM A few days ago, my co-blogger Josh Blackman posted some very interesting remarks about forum...

25.09.2024 7

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Orin S. Kerr

The ACLU's Response to My Post on the Fifth Circuit's Smith Ruling—And My Reply to the ACLU

Orin S. Kerr | 8.16.2024 4:30 AM I recently posted a long critique of the Fifth Circuit's ruling last week in United States v....

16.08.2024 9

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Orin S. Kerr

A Ruling That Eliminates Important Privacy Rights in Many Stored Internet Contents—And The Legal Challenge to It

14.08.2024 4

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Orin S. Kerr

Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More

Orin S. Kerr | 8.13.2024 5:28 AM Once in a while there is a court ruling on the Fourth Amendment that just makes my jaw drop. ...

13.08.2024 10

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Orin S. Kerr

The Precedential Value of Robinson, a Reply to Josh

Orin S. Kerr | 8.9.2024 6:02 PM Like a lot of people, I think that the Supreme Court's ruling in Robinson v. California (1962) is...

10.08.2024 4

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Orin S. Kerr

"Time to Retire the Notion of Judicial Courage," Reprise

Orin S. Kerr | 7.29.2024 4:10 PM I share Sam's and Will's basic reaction to Josh's post about the "backbone" of Supreme Court...

30.07.2024 10

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Orin S. Kerr

The Populist GOP and its Yale Law and Harvard Law Leaders

Orin S. Kerr | 7.18.2024 3:44 AM The nomination of J.D. Vance as the Republican party's Vice-Presidential candidate in the...

18.07.2024 5

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Orin S. Kerr

Internet Preservation and the Fourth Amendment—Case Updates, Part I

Orin S. Kerr | 7.17.2024 7:54 PM It is a common practice among criminal investigators to "preserve" Internet accounts without...

18.07.2024 5

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Orin S. Kerr

Accessing Google Location History Records Is Not a Search — At Least When Limited — Fourth Circuit Rules

Orin S. Kerr | 7.10.2024 7:14 PM Regular readers may recall my prior coverage of United States v. Chatrie , a case on the Fourth...

11.07.2024 9

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Orin S. Kerr

Do Supreme Court Justices Have Real Friends?

Orin S. Kerr | 6.10.2024 3:35 PM I had a different reaction than Josh Blackman did to the comment of the Supreme Court's Public...

11.06.2024 6

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Orin S. Kerr

Don't Judge A Book By It's Cover, But….

Orin S. Kerr | 5.30.2024 4:02 AM I'm pleased to be able to post the cover of my forthcoming book, The Digital Fourth Amendment,...

30.05.2024 40

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Orin S. Kerr

Our Strange Politics of Meaning Assignment

Orin S. Kerr | 5.27.2024 8:50 PM Recent stories about flags at the residence and vacation home of Justice Alito and his family...

28.05.2024 10

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Orin S. Kerr

Do Judges "Have an Important Role to Play in Our Society" Beyond Judging?

Orin S. Kerr | 5.9.2024 2:36 AM I have written before here at the blog about why I disagree with judges boycotting particular law...

09.05.2024 70

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Orin S. Kerr

More on the New York Trump Case and the First Amendment

Orin S. Kerr | 5.4.2024 5:00 PM I thank Steve for his clarification below about his theory of why Trump might have a First...

05.05.2024 10

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Orin S. Kerr

No, Trump Does Not Have a First Amendment Defense In His New York Criminal Case

Orin S. Kerr | 5.4.2024 2:09 AM I have mixed views about New York's prosecution of Donald Trump—if you look at all the crimes...

04.05.2024 20

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Orin S. Kerr

Do Fourth Amendment Protections Change When Property Is Moved?

Orin S. Kerr | 5.1.2024 6:59 PM This past fall, I had the pleasure of being the Michael A. Doyle '62 and Bunny Winter...

02.05.2024 40

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Orin S. Kerr

Cert Petition Filed in United States v. Streett

Orin S. Kerr | 4.26.2024 4:55 PM Last October, I wrote a long post on a new Tenth Circuit decision, United States v. Streett ,...

27.04.2024 10

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Orin S. Kerr

Beverly Hills Cop is a Fourth Amendment Movie

Orin S. Kerr | 3.16.2024 4:57 AM I recently rewatched Beverly Hills Cop (1984), the Eddie Murphy movie, which came out when I was...

16.03.2024 90

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Orin S. Kerr

The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping

Orin S. Kerr | 3.14.2024 4:11 AM My co-bloggers Josh Blackman and Sam Bray have offered very different reactions to the Judicial...

14.03.2024 20

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Orin S. Kerr

Yes, Warrants Allow a Search Through the Whole Phone

Orin S. Kerr | 3.2.2024 4:04 PM As regular readers know, one of the big issues in computer search and seizure law that I often...

03.03.2024 50

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Orin S. Kerr

District Court Enjoins S.B. 4, the Texas Immigration Enforcement Law

01.03.2024 10

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Orin S. Kerr

Remembering the Proper Role of the Supreme Court, As Taught at Harvard in the 1990s

Orin S. Kerr | 2.26.2024 7:43 PM When I read reactions to the current Supreme Court from academics today, I'm often struck by the...

27.02.2024 10

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Orin S. Kerr

Just Published: "Terms of Service and Fourth Amendment Rights"

Orin S. Kerr | 2.21.2024 8:15 PM In the last year or two, the U.S. Department of Justice has been arguing in federal courts of...

22.02.2024 6

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Orin S. Kerr

Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads (Repost from 2022)

Orin S. Kerr | 2.19.2024 4:38 PM Note to readers: I first published the blog post below in 2022, after the Fifth Circuit's...

20.02.2024 20

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Orin S. Kerr

Thoughts on Judge Engoron's Opinion, A Response to Calabresi

Orin S. Kerr | 2.19.2024 3:36 AM There's a lot going on in my friend and co-blogger Steve Calabresi's post below about Judge...

19.02.2024 20

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Orin S. Kerr

Thoughts on the Declining Numbers of SCOTUS Clerks Becoming Law Professors

Orin S. Kerr | 2.1.2024 12:20 AM From 1940 to 1990, about one third of Supreme Court law clerks became law professors.  But in...

01.02.2024 20

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Orin S. Kerr

How Has Legal Academia Changed Since Posner on Meltzer?

Orin S. Kerr | 12.27.2023 4:25 PM Back in 2007, Richard Posner published a very interesting reflection on the state of the legal...

28.12.2023 20

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Orin S. Kerr

Dog Sniff of a Person is a Fourth Amendment Search, New York Court Rules

Orin S. Kerr | 12.19.2023 4:39 PM The police often rely on trained narcotics-detection dogs to alert for drugs.  How far the...

20.12.2023 10

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Orin S. Kerr

You Might Want to Read More Sentences of Arizona v. United States

Orin S. Kerr | 12.19.2023 5:44 AM In his post below, my friend and co-blogger Josh Blackman writes that there is only one sentence...

19.12.2023 8

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Orin S. Kerr

Dobbs Was Never In Doubt

Orin S. Kerr | 12.15.2023 6:16 PM If I read the New York Times scoop about Dobbs correctly, there was never any internal...

16.12.2023 5

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Orin S. Kerr

Is Compelled Decryption Heading to the Supreme Court?

14.12.2023 4

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Orin S. Kerr

Did Google Just Defeat Every Geofence Warrant?

Orin S. Kerr | 12.13.2023 6:42 PM I wrote last week about an oral argument in the Fourth Circuit involving geofence warrants. ...

14.12.2023 10

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Orin S. Kerr

The First Geofence Warrant Case Reaches the Federal Court of Appeals

Orin S. Kerr | 12.9.2023 4:25 AM In March 2022, I had a long post on the district court's ruling in United States v. Chatrie ,...

09.12.2023 9

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Orin S. Kerr

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