Orin Kerr
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orinkerr.bsky.social
Orin Kerr
@orinkerr.bsky.social

Professor, Stanford Law School.
Senior Fellow, Hoover Institution.

Author, The Digital 4th Amendment:
https://www.amazon.com/Digital-Fourth-Amendment-Privacy-Policing/dp/0190627077/ref=tmm_hrd_swatch_0

Orin Samuel Kerr is an American legal scholar known for his studies of American criminal procedure and the Fourth Amendment to the United States Constitution, as well as computer crime law and internet surveillance. He has been a professor of law at Stanford Law School since 2025. Kerr is one of the contributors to the law-oriented blog titled The Volokh Conspiracy. .. more

Political science 35%
Law 28%

That’s cool if you’re on a cruise, but pretty disconcerting if you’re just at home.

Granted, some reply, what fool cares about the law in a situation like this? It's just ridiculous to care about legal niceties in the face of such horror—we should do what we think is needed, not be legal technicians.

An ironic position under the circumstances, it seems to me.

FWIW, Yoo was given a tenured professorship at UC Berkeley in the 1990s, before the Bush Admin started, and long before Chemerinsky was at Berkeley. The real question is, why didn't Berkeley *fire* Yoo from his tenured professorship? In 2008, the then-Dean argued that the law prohibited that.

If Comey had standing, no; if Comey didn't have standing, yes.

I don't know of it. Any recommendations?

Andrew Hill, "Ocho Rios (1st version)," recorded 1/16/70, with Hill on piano, Charles Tolliver on trumpet, Bennie Maupin on tenor & flute, Pat Patrick on alto & flute, @RonCarterBass, and Paul Motian on drums.
www.youtube.com/watch?v=wqCI...
Ocho Rios (2005 Digital Remaster; First Version)
YouTube video by Andrew Hill - Topic
www.youtube.com

Reposted by Orin S. Kerr

I'd love to try to explain to 20-year-old-me in 1993 how Snoop Doggy Dogg became a universally beloved elder statesman who'd be the centerpiece of a Super Bowl-level halftime show in 2025.

My apologies, I thought I was commenting on your post and explaining myself throughout. But I realize my view is not held by many others here, and it seems my perspective is not welcome. I will not engage any further.

Have a good holiday.

What's important, the argument runs, is that the author is taking on a really big issue; is coming up with creative and novel arguments that are fresh and innovative; is demonstrating ambition and a willingness to challenge old paradigms, etc. /2

I think the topic is slightly different. Yes, of course shoddy work should be thought of poorly. But shoddy work that serves the correct politics is often celebrated. When the politics served are the correct ones, the sense will be, sure, it's shoddy, but that's not all that important. /1

Within the legal academy, judgments of what is liberal vs. conservative is all about the results reached, not the methodology used.

I took us to be discussing how the legal academy responds to public law scholarship on hot button questions that is clearly designed to help support one side on a pending or soon to be pending case on that topic. In other words, we're assuming it's a response to the hot-button pending case.

As you say, that does not exclude my position; if anything, it's a political reason for what is presented as scholarly critique.

I think that helpfully explains why conservative scholarship is seen as a politically useful topic of harsh criticism. If it's likely to be influential, then the act of discrediting it, condemning its authors, endless BlueSky tweets, etc. might itself be part of the political response.

I don't think that scholarship by right-of-center scholars can never be considered good. But if you disagree that the politics that a particular article furthers on hot button questions is considered a significant part of its merit within the academy, then we've had different experiences.

I guess I feel like I've been doing this long enough, and seen enough, that I don't think it's really such a mystery.

I take him to be saying that even a random lawyer who doesn't normally practice before the court can be brilliant. The super-credentialed biglaw repeat players don't fit the point he's making.

In my experience, though, the political valence of public law scholarship that relates to hot button questions is considered an important part of whether it's deemed "good" or "well done" within the legal academy. It's a bummer, and we should reject that, but I think that's how it often goes.

Got it—understood.

I realize that one can disagree with whether any particular article is a good example of the kind of scholarship Farber disagrees with! Maybe that was one, I don't know; he has other examples that struck me as more obvious. But it's the broader point that I think is helpful. /2

My apologies if I left the impression that I wanted to study the specific examples that Farber used in his article. I mentioned the article because he takes on an attitude in the academy that I think is still very much around, and that seems relevant to the debate over birthright citizenship. /1

Sorry, I misunderstood. I will delete the comment. (I don't have any interest in the Ninth Amendment, though; I am not sure why you're making arguments about what it means.)

But that’s not the view the legal academy has had, right? Being plainly wrong is often considered exciting and sophisticated at the highest circles; that’s what the Farber article is arguing about.

The strong suspicion is that the liberal professor is really trying to bolster the liberal administration's view. Now play out what we would expect the reaction to that would be in the legal academy—and also, what, in our own view, the reaction should be. /end

And then, as this is pending, here comes a liberal professor who takes on the consensus view. This is a real issue, the liberal says; there are two sides. The liberal prof writes an article reinterpreting the historical materials (unpersuasively) to support the liberal view. /2

An interesting hypothetical is to imagine the politics are flipped. There's some issue on which the law is pretty clear that the conservative side is right. It's basically a consensus; there's no debate. Along comes a liberal administration that takes the opposite view in court. /1

How so?

Yes, it's linked to in the post.

Anyway, seems to me there's a way in which the debate over legal scholarship over birthright citizenship is replaying a longstanding debate about the role of activism in legal scholarship. /end