menu_open
Orin S. Kerr

Orin S. Kerr

Reason.com

We use cookies to provide some features and experiences in QOSHE

More information  .  Close

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 7

Reason.com

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

Reason.com

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 10

Reason.com

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 5

Reason.com

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 4

Reason.com

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

Reason.com

Orin S. Kerr

Michigan Supreme Court Grants Review in People v. Carson

25.09.2024 4

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

Orin S. Kerr

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

01.03.2024 10

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

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

Reason.com

Orin S. Kerr

Is Compelled Decryption Heading to the Supreme Court?

14.12.2023 4

Reason.com

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

Reason.com

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

Reason.com

Orin S. Kerr

d9310a50b4dda059457de9978ddffbd1