Author Archive | Orin Kerr

Supreme Strategy:

The New York Times has a story purporting to offer an inside scoop of the Administration’s strategy for future Supreme Court nominations:   Republicans close to the White House said on Thursday that the choice of Alberto R. Gonzales as attorney general was part of a political strategy to bolster Mr. Gonzales’s credentials with conservatives and […]

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Computer Crime Note Topics:

Over at De Novo, PG points out that lots of second-year law students at law schools around the country are looking for law review note topics right now. Let me offer a self-interested suggestion: write something in the area of computer crime law. Computer crime law is a new and growing field, and the relatively […]

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Forget About Splitting, Let’s Talk About Merging:

In the article Eugene cites to below, Judges Kozinski and Thomas make the argument that bigger circuits are better; there is less bureacracy, less duplication of functions, more focus on delivering justice, and greater consistency of law across a larger number of states. If that’s true, then the Ninth Circuit doesn’t need to be split […]

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The Information Age:

I wonder if it’s time for a moratorium (or at least a bit of skepticism) on describing our time as “the Information Age.” First, it seems unlikely to me that in the future we will think of the year 2004 as part of the Information Age. The Stone Age was marked by the introduction and […]

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Bush, Kerry, and Wikipedia:

Apropos of our discussion awhile back on why Wikipedia doesn’t do a very good job with politically charged entries, check out this story in today’s New York Times about Wikipedia’s entries on George Bush and John Kerry.

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“What Brown Teaches Us About Constitutional Theory”:

Jack Balkin has just posted his article by that name published in the most recent issue of the Virginia Law Review. Like everything by Balkin, it’s a great read. One excerpt: Judges are sort of like place kickers in football. Most place kickers are pretty bad at making an open-field tackle to stop a speedy […]

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Chief Justice Roberts:

With a Rehnquist retirement looking increasingly likely, Court watchers are actively speculating about who the President might appoint. SCOTUSBLog’s Tom Goldstein predicts the President could nominate Judge John Roberts of the D.C. Circuit for the post. I believe Judge Roberts would be an excellent choice. Roberts is eminently qualified, and legally “conservative” in the best […]

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My Colleague, Dan Solove,

has just come out with a very interesting book: The Digital Person: Technology and Privacy in the Information Age, published by the NYU Press. I just started reading it, and it’s quite good. You can download the Table of Contents and Chapter 1 from this site.

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District Court Blocks Gitmo Tribunal Proceedings:

Another defeat in the courts for the Bush Administration’s legal strategy in the war on terror. A brief skim suggests that this is a pretty broad ruling, although unfortunately I don’t think I’ll have time to blog more on the details. An AP story on the decision is available here. Thanks to Howard for the […]

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Charles Fried on the Role of the Supreme Court:

A recent lecture on the Court and its Justices delivered by Harvard Law School professor and former Solicitor General Charles Fried is available here via streaming video. Fried was one of my favorite professors in law school; watching his lecture makes me feel a bit like a 2L again.

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