Orin Kerr

We can learn a lot about a person if we know what types of things he or she talks about or comments on the most frequently. There are numerous topics with which Orin Kerr is associated, including employee and argument. Most recently, Orin Kerr has been quoted saying: “Supreme Court confirmation hearings can be frustrating. If you’re watching, you probably want to know how the nominee would decide important cases if confirmed. No matter the question, however, nominees usually avoid giving revealing answers. Some fault the senators for not asking the right questions. But I don’t think it’s the senators’ fault. As I see it, there is no way to make nominees give revealing answers unless they wish to do so.” in the article No, there is no way to force Supreme Court nominees to give revealing answers. Some other articles where Orin Kerr has been quoted include Ninth Circuit oral argument on historical cell-site information.

Orin Kerr quotes

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I have blogged a few times about a pending 3rd Circuit case on the Fifth Amendment standard for compelling the decryption of a hard drive. As I explained, the case presents an opportunity to weigh in on the 11th Circuit’s standard in a similar case that I think was erroneous. The 3rd Circuit handed down its decision this morning, United States v. Apple Mac Pro Computer. The court ruled for the government without resolving which standard applies. In a footnote, however, the court hinted that it disagreed with the 11th Circuit and would have adopted the standard that I think is right if it had to choose. It’s just dicta, but it’s pretty strongly worded dicta.

Supreme Court confirmation hearings can be frustrating. If you’re watching, you probably want to know how the nominee would decide important cases if confirmed. No matter the question, however, nominees usually avoid giving revealing answers. Some fault the senators for not asking the right questions. But I don’t think it’s the senators’ fault. As I see it, there is no way to make nominees give revealing answers unless they wish to do so.

Several federal circuits have ruled that there is no 4th Amendment reasonable expectation of privacy in historical cell-site location information. The Ninth Circuit held argument on the question this morning in United States v. Gilton before a strong panel of Judges Wallace, McKeown, and Bybee. Thanks to the Ninth Circuit’s open access policies, you can watch the video here on Youtube.

It's there, not in the context of a cross-border shooting, that the Fourth Amendment question in Hernandez seems to matter most.

The argument would be that the authorization to use the account was only for employees and implicitly that was extinguished when the employee left government employment.

A lot of it is unrecognizable from a Fourth Amendment perspective. It's not where the traditional Fourth Amendment law is.

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