Orin Kerr
@orinkerr.bsky.social
Professor, Stanford Law School.
Author, The Digital 4th Amendment:
https://www.amazon.com/Digital-Fourth-Amendment-Privacy-Policing/dp/0190627077/ref=tmm_hrd_swatch_0
Author, The Digital 4th Amendment:
https://www.amazon.com/Digital-Fourth-Amendment-Privacy-Policing/dp/0190627077/ref=tmm_hrd_swatch_0
Back in the 1950s, law schools apparently received inquiries (from potential applicants, I assume?) that sometimes included a lot of questions. Here, Dean Prosser of UC Berkeley imagines a reply.
jle.aals.org/home/vol10/i...
jle.aals.org/home/vol10/i...
November 9, 2025 at 7:49 PM
Back in the 1950s, law schools apparently received inquiries (from potential applicants, I assume?) that sometimes included a lot of questions. Here, Dean Prosser of UC Berkeley imagines a reply.
jle.aals.org/home/vol10/i...
jle.aals.org/home/vol10/i...
State Dept of Revenue issues warrant to search for and seize any property of value of suspect for failure to pay taxes on profits from selling meth. Searching her residence, officers find meth.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
November 9, 2025 at 6:52 PM
State Dept of Revenue issues warrant to search for and seize any property of value of suspect for failure to pay taxes on profits from selling meth. Searching her residence, officers find meth.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
Officers try to shoot hostage taker, accidentally shoot and kill hostage. This did not "seize" the hostage under Torres v. Madrid, CA9 rules, as the intent to restrain was lacking; they were trying to free the hostage, not restrain him.
November 9, 2025 at 7:42 AM
Officers try to shoot hostage taker, accidentally shoot and kill hostage. This did not "seize" the hostage under Torres v. Madrid, CA9 rules, as the intent to restrain was lacking; they were trying to free the hostage, not restrain him.
Here's a law professor lamenting the fads in legal theory popular among law professors that become popular for a decade or two and then fade away— written in 1950. Specifically, it's Roscoe Pound, reflecting on trends since he became a lawyer in 1890.
jle.aals.org/cgi/viewcont...
jle.aals.org/cgi/viewcont...
November 9, 2025 at 5:43 AM
Here's a law professor lamenting the fads in legal theory popular among law professors that become popular for a decade or two and then fade away— written in 1950. Specifically, it's Roscoe Pound, reflecting on trends since he became a lawyer in 1890.
jle.aals.org/cgi/viewcont...
jle.aals.org/cgi/viewcont...
I agree with Paul Horwitz on this: Although I greatly value respect when dissenting, it seems silly to care whether there's an included statement describing one's own dissent as respectful. It's like a law review article that describes its claims as novel; that's not up to the author to decide.
November 4, 2025 at 11:12 PM
I agree with Paul Horwitz on this: Although I greatly value respect when dissenting, it seems silly to care whether there's an included statement describing one's own dissent as respectful. It's like a law review article that describes its claims as novel; that's not up to the author to decide.
Avoiding the larger split on whether the Takings Clause applies to law enforcement damage to property, CA9 holds that at least there's no taking when officers act reasonably in the necessary defense of public safety.
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
November 4, 2025 at 8:25 PM
Avoiding the larger split on whether the Takings Clause applies to law enforcement damage to property, CA9 holds that at least there's no taking when officers act reasonably in the necessary defense of public safety.
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
Interesting opinions from Judge Bumatay and Judge VanDyke, dissenting from denial of rehearing en banc, on criminal prosecutions for violating agency regulations—and what the limits there are for such prosecutions under the nondelegation doctrine.
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
November 4, 2025 at 7:42 AM
Interesting opinions from Judge Bumatay and Judge VanDyke, dissenting from denial of rehearing en banc, on criminal prosecutions for violating agency regulations—and what the limits there are for such prosecutions under the nondelegation doctrine.
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
For writing on note pads, I've long liked notepads with the vertical line a few inches from the left side. TIL this is called "Pitman Ruled" paper, as it was created for use with a shorthand system created by Isaac Pitman in 1837.
November 4, 2025 at 2:33 AM
For writing on note pads, I've long liked notepads with the vertical line a few inches from the left side. TIL this is called "Pitman Ruled" paper, as it was created for use with a shorthand system created by Isaac Pitman in 1837.
Interesting.
www.theatlantic.com/technology/2...
www.theatlantic.com/technology/2...
Enjoy CarPlay While You Still Can
The auto industry is at war with Apple.
www.theatlantic.com
November 4, 2025 at 12:43 AM
Interesting.
www.theatlantic.com/technology/2...
www.theatlantic.com/technology/2...
Texas Court of Criminal Appeals— the state's highest court for criminal cases—rules that drug detection dog's unprompted entry of his nose into suspect's car through open window was a Fourth Amendment search.
search.txcourts.gov/SearchMedia....
search.txcourts.gov/SearchMedia....
November 2, 2025 at 10:51 PM
Texas Court of Criminal Appeals— the state's highest court for criminal cases—rules that drug detection dog's unprompted entry of his nose into suspect's car through open window was a Fourth Amendment search.
search.txcourts.gov/SearchMedia....
search.txcourts.gov/SearchMedia....
Mary Halvorson, "Night Shift," from Amaryllis (2021), with Halvorn (g), Patricia Brennan (v), Nick Dunston (b), Tomas Fujiwara (d), Jacob Garchik (trombone), and Adam O’Farrill (tr). On the avant-garde side, maybe, but it's Saturday night—push yourself.
www.youtube.com/watch?v=_rPx...
www.youtube.com/watch?v=_rPx...
Mary Halvorson - Night Shift (Official Video)
YouTube video by Nonesuch Records
www.youtube.com
November 2, 2025 at 7:07 AM
Mary Halvorson, "Night Shift," from Amaryllis (2021), with Halvorn (g), Patricia Brennan (v), Nick Dunston (b), Tomas Fujiwara (d), Jacob Garchik (trombone), and Adam O’Farrill (tr). On the avant-garde side, maybe, but it's Saturday night—push yourself.
www.youtube.com/watch?v=_rPx...
www.youtube.com/watch?v=_rPx...
As I argue in my new book, "The Digital 4th Amendment," I think it's wrong to say—as the court here does—that probable cause to search a computer for evidence of a crime involving one victim does not extend to the identical offense with other victims. #N
caselaw.findlaw.com/court/or-cou...
caselaw.findlaw.com/court/or-cou...
STATE OF OREGON v. STEVEN JAMES SCHULT (2025) | FindLaw
Case opinion for OR Court of Appeals STATE OF OREGON v. STEVEN JAMES SCHULT. Read the Court's full decision on FindLaw.
caselaw.findlaw.com
November 1, 2025 at 6:21 PM
As I argue in my new book, "The Digital 4th Amendment," I think it's wrong to say—as the court here does—that probable cause to search a computer for evidence of a crime involving one victim does not extend to the identical offense with other victims. #N
caselaw.findlaw.com/court/or-cou...
caselaw.findlaw.com/court/or-cou...
A good amount of this is easy to tell from the outside, but there are some interesting insider insights here, I think. www.nytimes.com/2025/10/31/u...
The Debate Dividing the Supreme Court’s Liberal Justices
www.nytimes.com
October 31, 2025 at 8:23 PM
A good amount of this is easy to tell from the outside, but there are some interesting insider insights here, I think. www.nytimes.com/2025/10/31/u...
Reposted by Orin Kerr
October 30, 2025 at 2:46 AM
In 1997, the Michigan Law Review published a parody of bad post-modern legal writing.
It was 231 pages long.
repository.law.umich.edu/cgi/viewcont...
It was 231 pages long.
repository.law.umich.edu/cgi/viewcont...
October 29, 2025 at 8:34 PM
In 1997, the Michigan Law Review published a parody of bad post-modern legal writing.
It was 231 pages long.
repository.law.umich.edu/cgi/viewcont...
It was 231 pages long.
repository.law.umich.edu/cgi/viewcont...
A lot of law review articles could be a lot shorter than they are, which would make them easier to read and more likely to be read.
October 29, 2025 at 8:24 PM
A lot of law review articles could be a lot shorter than they are, which would make them easier to read and more likely to be read.
I will concede that a nearly 5-hour Wagner opera can be something of an acquired taste. Still, what a magnificent performance of Parsifal at the San Francisco Opera tonight.
October 29, 2025 at 6:09 AM
I will concede that a nearly 5-hour Wagner opera can be something of an acquired taste. Still, what a magnificent performance of Parsifal at the San Francisco Opera tonight.
DOJ continues to argue that Terms of Service of Internet accounts can eliminate 4th Amendment rights online—here, in a pending 7th Circuit case involving a Dropbox acount. United States v. Blocker, No. 25-1536.
October 28, 2025 at 5:49 PM
DOJ continues to argue that Terms of Service of Internet accounts can eliminate 4th Amendment rights online—here, in a pending 7th Circuit case involving a Dropbox acount. United States v. Blocker, No. 25-1536.
A few years ago, I did a podcast on law teaching that might be of interest for those thinking of becoming law professors—or who are law professors already. You can listen to the 16 episodes of the podcast, "The Legal Academy," here.
podcasts.apple.com/us/podcast/t...
podcasts.apple.com/us/podcast/t...
The Legal Academy
Government Podcast · The Legal Academy is a show about law professors hosted by Professor Orin Kerr of the University of California, Berkeley Law School. It covers legal scholarship, the hiring market...
podcasts.apple.com
October 28, 2025 at 7:02 AM
A few years ago, I did a podcast on law teaching that might be of interest for those thinking of becoming law professors—or who are law professors already. You can listen to the 16 episodes of the podcast, "The Legal Academy," here.
podcasts.apple.com/us/podcast/t...
podcasts.apple.com/us/podcast/t...
For those teaching Computer Crime Law in this coming spring semester, I'm pleased to say that the new 6th edition of my Computer Crime Law casebook will be published and available in December. The latest stuff added, including new statutes, new issues related to AI, etc.
October 27, 2025 at 3:58 PM
For those teaching Computer Crime Law in this coming spring semester, I'm pleased to say that the new 6th edition of my Computer Crime Law casebook will be published and available in December. The latest stuff added, including new statutes, new issues related to AI, etc.
Saddened to hear of of the passing of one of jazz's great drummers, Jack DeJohnette. I was just listening to some of his work yesterday. RIP.
dejohnettepublishing.com/blog/f/jack-...
dejohnettepublishing.com/blog/f/jack-...
Jack DeJohnette R.I.P. [10-26-2025]: "Keep the Music Alive"
By Darno Von DeJohnette
dejohnettepublishing.com
October 27, 2025 at 8:48 AM
Saddened to hear of of the passing of one of jazz's great drummers, Jack DeJohnette. I was just listening to some of his work yesterday. RIP.
dejohnettepublishing.com/blog/f/jack-...
dejohnettepublishing.com/blog/f/jack-...
Really looking forward to the Ken Burns special on the American Revolution. It premieres in three weeks, on 11/16.
www.pbs.org/kenburns/the...
www.pbs.org/kenburns/the...
The American Revolution | Premieres Nov. 16 | PBS
The American Revolution, a landmark documentary by Ken Burns, Sarah Botstein, and David Schmidt, premieres Nov. 16, 2025.
www.pbs.org
October 27, 2025 at 7:32 AM
Really looking forward to the Ken Burns special on the American Revolution. It premieres in three weeks, on 11/16.
www.pbs.org/kenburns/the...
www.pbs.org/kenburns/the...
Newly-available live version of the Horace Silver Quintet playing Silver's classic "Song for My Father," live in Seattle in 1965, less than a year after the original studio recording—with solos by Silver on piano and the great Joe Henderson on tenor.
www.youtube.com/watch?v=-yBF...
www.youtube.com/watch?v=-yBF...
Song For My Father (Live at The Penthouse, Seattle, WA / 1965)
YouTube video by Horace Silver - Topic
www.youtube.com
October 26, 2025 at 6:48 AM
Newly-available live version of the Horace Silver Quintet playing Silver's classic "Song for My Father," live in Seattle in 1965, less than a year after the original studio recording—with solos by Silver on piano and the great Joe Henderson on tenor.
www.youtube.com/watch?v=-yBF...
www.youtube.com/watch?v=-yBF...
CA10: Officer's lifting a bus passenger's bag and holding it up for 30 seconds to see if it's unusually heavy and if it has unusual odors is not a "search." Squeezing is a search per Bond, but lifting isn't. (Q: How is that squared with AZ v. Hicks?)
ca10.uscourts.gov/sites/ca10/f... #N
ca10.uscourts.gov/sites/ca10/f... #N
October 23, 2025 at 10:20 PM
CA10: Officer's lifting a bus passenger's bag and holding it up for 30 seconds to see if it's unusually heavy and if it has unusual odors is not a "search." Squeezing is a search per Bond, but lifting isn't. (Q: How is that squared with AZ v. Hicks?)
ca10.uscourts.gov/sites/ca10/f... #N
ca10.uscourts.gov/sites/ca10/f... #N
Today's announced indictment for rigging poker games reminds me of the old caselaw on theft liability for rigging card games I discussed in my 2008 article, "Criminal Law in Virtual Worlds."
chicagounbound.uchicago.edu/cgi/viewcont...
chicagounbound.uchicago.edu/cgi/viewcont...
October 23, 2025 at 8:28 PM
Today's announced indictment for rigging poker games reminds me of the old caselaw on theft liability for rigging card games I discussed in my 2008 article, "Criminal Law in Virtual Worlds."
chicagounbound.uchicago.edu/cgi/viewcont...
chicagounbound.uchicago.edu/cgi/viewcont...