As Eugene noted below, a lawyer arguing at the Supreme Court this morning finished his argument by saying “I want to leave you with just four words . . . “, at which time his time expired. The Court is very strict about oral argument time; when your time expires, you really have to stop. […]
Author Archive | Orin Kerr
Planning for A New Chief:
Tuesday’s New York Times has a notable article on the Administration’s plans for the replacement of Chief Justice Rehnquist: [F]or senior White House officials, as well as a handful of others who follow the court closely, a working assumption about what is going to happen has already taken shape. The strong expectation, senior administration officials […]
Will Blogs Kill the Law Review Case Comment?
While mulling over my blog post below about a recent court decision, it occured to me that one way blogs will change the content of law reviews is by rendering case comments superfluous. A case comment is a brief student-written article, usually around 10 pages long, explaining and offering commentary on a recent court decision. […]
Unusual Fourth Amendment “Consent” Case:
Imagine you get lost driving in McLean, Virginia, late one night, and that you find yourself near the CIA headquarters. You decide to drive up the headquarters main gate so you can ask for directions. Moments after you ask for directions, two armed security officers come out and yell at you to put your hands […]
Secret Tapes of George W. Bush:
An interesting piece in today’s New York Times.
When Barry Lynn Speaks, Tony Mauro Listens:
Tony Mauro has a new article in Legal Times that begins: Justice Thomas Finds Himself in Inauguration ControversyTony MauroLegal Times02-17-2005 A week before Supreme Court Chief Justice William Rehnquist swore in President George W. Bush to a second term as president last month, Justice Clarence Thomas presided over a little-noticed inauguration inside the Court building that […]
Journal Name Change:
This may be just a coincidence, but only a few weeks after Harvard President Lawrence Summers’ controversial remarks on possible innate differences between men and women, the Harvard Women’s Law Journal has decided to change its name to the Harvard Journal of Law & Gender. In a letter to the editor of the Harvard Law […]
Newspaper Tries to Intimidate Blogger:
It’s hard to gauge the merits without knowing all of the background, but this certainly looks suspicious. (Link via Instapundit)
Constitution-in-Exile:
An organized ideological movement to restore the Constitution-in-Exile finally has begun. Details available here. UPDATE: Oops!!! I just realized that the site linked to is about inventing a new constitution, not restoring an old one. Obviously that is totally different. My apologies for the error.
DC Circuit on Blogging and the Reporter’s Privilege:
The DC Circuit has ruled that Judith Miller and Matthew Cooper have no First Amendment privilege not to testify in the Plame investigation, and that if a common law privilege exists it does not apply in their case. In a separate opinion rejecting the notion of a common law privilege, Judge Sentelle pointed out some […]
Lots of Interesting Posts Recently
over at the Conglomerate, including posts on law review membership and visiting professorships. An added bonus: guest-blogging by lawprofs Brett McDonnell and Vic Fleischer in addition to the always-interesting Gordon Smith and Christine Hurt.
Electronic Submissions:
Late February and early March is peak law review article submission season; the editorial boards flip around that time, and the new boards take over and immediately start looking for new articles to accept. One issue that lots of law professors are curious about this year (beyond article length) is whether law review editors these […]
Why Caballes Won’t Impact Internet Surveillance:
Mark Rasch, a former DOJ lawyer back in the early 1990s, has an essay up at SecurityFocus (reprinted in The Register) on why he thinks the recent dog sniff case at the Supreme Court will “have a profound impact on privacy rights online” and give a green light to the invasive use of Internet wiretapping […]
Lessig on Lessig on West Wing:
Lawprof Larry Lessig offers some thoughts on being used as a character on the TV show West Wing; for background, go here and scroll down to the bottom.
Search Warrants in an Era of Digital Evidence:
This Thursday I will be presenting a new paper at the University of Mississippi Law School’s annual Fourth Amendment symposium. This year’s symposium is on searching and seizing computers, a topic that I have spent a lot of time thinking (and writing) about in the last few years. My paper is entitled “Search Warrants in […]