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
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
I should probably write up my 2022 experience with being a juror before I forget the details, but for now, a reply to Josh Blackman on law professors as jurors.
reason.com/volokh/2025/...
reason.com/volokh/2025/...
My Experience as a Law Professor Juror
I thought I would flag in response to Josh's post that I served on a criminal jury three years ago—and…
reason.com
November 15, 2025 at 12:07 AM
I should probably write up my 2022 experience with being a juror before I forget the details, but for now, a reply to Josh Blackman on law professors as jurors.
reason.com/volokh/2025/...
reason.com/volokh/2025/...
Fourth Circuit publishes an opinion to make a point that otherwise would go unseen.
www.govinfo.gov/content/pkg/...
www.govinfo.gov/content/pkg/...
November 13, 2025 at 11:55 PM
Fourth Circuit publishes an opinion to make a point that otherwise would go unseen.
www.govinfo.gov/content/pkg/...
www.govinfo.gov/content/pkg/...
Ninth Circuit hands down revised opinion in US v. Steinman, the cross-enforcement case from March, on panel rehearing.
Revised op:
cdn.ca9.uscourts.gov/datastore/op... #N
Revised op:
cdn.ca9.uscourts.gov/datastore/op... #N
November 13, 2025 at 7:05 PM
Ninth Circuit hands down revised opinion in US v. Steinman, the cross-enforcement case from March, on panel rehearing.
Revised op:
cdn.ca9.uscourts.gov/datastore/op... #N
Revised op:
cdn.ca9.uscourts.gov/datastore/op... #N
Below the line of the 1st page of Professor Dan Burk's last article, just published posthumously by the UC Irvine Law Review.
November 13, 2025 at 12:18 AM
Below the line of the 1st page of Professor Dan Burk's last article, just published posthumously by the UC Irvine Law Review.
Very pleased to say that my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?", has just been published in final form by the Wash. U. L. Rev. You can now download it from here:
wustllawreview.org/2025/11/12/t...
Abstract below.
wustllawreview.org/2025/11/12/t...
Abstract below.
November 12, 2025 at 7:56 PM
Very pleased to say that my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?", has just been published in final form by the Wash. U. L. Rev. You can now download it from here:
wustllawreview.org/2025/11/12/t...
Abstract below.
wustllawreview.org/2025/11/12/t...
Abstract below.
Last month, I did a talk and conversation on "The Fourth Amendment and Immigration Raids" on the Supreme Court's overturning of the injunction in the LA immigration enforcement case, with Duncan Hosie.
The Chicago case, now pending in the CA7, raises similar issues.
www.youtube.com/watch?v=cxmO...
The Chicago case, now pending in the CA7, raises similar issues.
www.youtube.com/watch?v=cxmO...
The Fourth Amendment and Immigration Raids | Stanford Constitutional Law Center
YouTube video by Stanford Law School
www.youtube.com
November 11, 2025 at 9:55 PM
Last month, I did a talk and conversation on "The Fourth Amendment and Immigration Raids" on the Supreme Court's overturning of the injunction in the LA immigration enforcement case, with Duncan Hosie.
The Chicago case, now pending in the CA7, raises similar issues.
www.youtube.com/watch?v=cxmO...
The Chicago case, now pending in the CA7, raises similar issues.
www.youtube.com/watch?v=cxmO...
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.