Shows
The enTalkenator PodcastKerr on "Data Scanning and the Fourth Amendment"Orin S. Kerr, Data Scanning and the Fourth Amendment.Solum’s Download of the Week for March 13, 2025. Available on SSRN.This is a synthetic academic workshop generated using enTalkenator.Abstract: “A crucial question of Fourth Amendment law has recently divided courts: When government agents conduct a digital scan through a massive database, how much of a "search" occurs? The issue pops up in contexts ranging from geofence warrants and reverse keyword searches to the installation of Internet pen registers. When a government agent runs a filter through a massive database, resulting in a list...2025-03-2342 min
Advisory OpinionsDo You Have ‘Parental Rights’?Sarah Isgur and David French discuss Chief Justice John Roberts’ recent rebuke of President Donald Trump and the proper way to criticize a court’s opinion.The Agenda:—Judicial independence and integrity—Orin Kerr and Michael C. Dorf debate—The “confusing” McDonnell Douglas framework—Parental due process rights—Age restrictions on the 2A—Free speech for professors—SCOTUS’ lottery systemAdvisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of ...2025-03-201h 13
CaveatTurning CISA’s recommendations into action.This week, we are joined by David Wiseman, Vice President of Secure Communications at BlackBerry, discussing making CISA's encrypted communications guidelines actionable. Ben's got the story of the UK’s Online Safety Act kicking in, with Big Tech companies like Musk’s X facing massive fines and potential shutdowns for failing to remove harmful content, despite Musk’s hopes that Trump will intervene to water it down. Dave's got the story of a surveillance success for law enforcement in Baltimore and a new-to-me forensics tool. While this show covers legal topics, and Ben is a lawyer, the views...2025-03-2047 min
Tech Policy Podcast395: The Digital Fourth Amendment — With Orin KerrOrin Kerr (Stanford Law) discusses his new book “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”Topics include:The un-original Fourth AmendmentShould crooks just not carry smartphones?Do originalists cheat on the 4A?SCOTUS 4A rulings as equilibrium adjustmentContent vs. metadataThe mosaic theory (is unworkable)Applying the 4A to tomorrow’s tech todayLinks:The Digital Fourth Amendment: Privacy and Policing in Our Online WorldTech Policy Podcast 368: How the Government Gets Your DataTech Policy Podcast 339: Will Tech Swallow the Fourth Amendment?Tech Policy...2025-01-2350 min
The Lawfare Podcast: Patreon EditionLawfare Daily: Orin Kerr on the Digital Fourth AmendmentJack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr’s Equilibrium-Adjustment Theory, the core theory of the book. Get for Ad Free Podcasts Hosted on Acast. See acast.com/privacy for mo...2025-01-0955 min
The Lawfare PodcastLawfare Daily: Orin Kerr on the Digital Fourth AmendmentJack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr’s Equilibrium-Adjustment Theory, the core theory of the book.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfa...2025-01-0955 minThe Lawfare Podcast: Patreon EditionLawfare Archive: The Justice Department, Congress and the PressFrom June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we re...2024-12-2148 minThe Lawfare PodcastLawfare Archive: The Justice Department, Congress and the PressFrom June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we...2024-12-2148 minAdvisory OpinionsShould Judges Get Political?Do judges have an important role to play in society beyond judging? Judge Lee Rudofsky takes the affirmative, while Orin Kerr disagrees in this special AO episode debating this topic. Sarah and David also discuss the latest SCOTUS cases.Show Notes:—Judges write letter saying they won't hire law clerks from Columbia—Kerr: Do Judges "Have an Important Role to Play in Our Society" Beyond Judging?—Code of Conduct for United States Judges—Staying Off the Sidelines: Judges as Agents for Justice System Reform—Appearances by Sitting U.S. Supreme Cour...2024-05-171h 05
The Lawfare Podcast: Patreon EditionLawfare Archive: Orin Kerr on CarpenterFrom November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument. Get for Ad Free Podcasts Hosted on Acast. See acast.com/privacy for more information.2024-04-2038 min
The Lawfare PodcastLawfare Archive: Orin Kerr on CarpenterFrom November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.2024-04-2038 minThe Lawfare Podcast: Patreon EditionLawfare Archive: Building a Bridge Between 20th Century Law and 21st Century IntelligenceFrom November 7, 2015: Last week, George Washington University and the CIA co-hosted an event entitled Ethos and Profession of Intelligence. As part of the conference, Kenneth Wainstein moderated a conversation between CIA General Counsel Caroline Krass, Orin Kerr, and Benjamin Wittes on Bridging 20th Century Law and 21st Century Intelligence, a panel which we now present in full. What new legal questions are raised by rapidly evolving technologies and how do those questions interact with existing national security law? In response to these changes, how can the United States strike a balance between privacy, security and the economic imperatives driving innovation? The...2023-11-261h 08The Lawfare PodcastLawfare Archive: Building a Bridge Between 20th Century Law and 21st Century IntelligenceFrom November 7, 2015: Last week, George Washington University and the CIA co-hosted an event entitled Ethos and Profession of Intelligence. As part of the conference, Kenneth Wainstein moderated a conversation between CIA General Counsel Caroline Krass, Orin Kerr, and Benjamin Wittes on Bridging 20th Century Law and 21st Century Intelligence, a panel which we now present in full. What new legal questions are raised by rapidly evolving technologies and how do those questions interact with existing national security law? In response to these changes, how can the United States strike a balance between privacy, security and the economic imperatives driving inno...2023-11-261h 08Advisory OpinionsA Digital Fourth AmendmentUC Berkeley law professor Orin Kerr joins David and Sarah to explain how Fourth Amendment jurisprudence applies to a digital age. Do you have an expectation of privacy online? Can terms of services null your right against unreasonable searches and seizures? But first Sarah generously offers David time to rant about certain legal takes surrounding Trump’s most recent indictment. Plus:-David’s (recent) paintball career-What is general public use?-Are pole cameras unconstitutional?Show notes--Section 241 and the First Amendment in the Duke Law Journal-Pro...2023-08-081h 08
4 Legal English PodcastHow Body-Cameras are Changing Legal Analysis of Police-Citizen InteractionsOn today's docket, we will discuss the impact of body-cameras worn by police officer on police interactions and legal analysis of those interactions. I will discuss an Article by Prof Orin Kerr that was published on the Volokh Conspiracy website, which brought up some interesting observations and conclusions. Professor Orin Kerr's article: How Body-Worn Cameras Are Changing Fourth Amendment Law---For the show notes, go here. Comment below the show notes if you have any questions about this episode.For more about this podcast, go here. For ways to improve your L...2023-01-0329 min
Moderated ContentMC Weekly Update 12/27: Trust and Safety Does Not Take HolidaysStanford’s Evelyn Douek and Alex Stamos weigh in on the latest online trust and safety news and developments:Senators Chris Coons, Rob Portman, Amy Klobuchar, and Bill Cassidy introduced the Platform Accountability and Transparency Act (PATA) on Wednesday. The Bill would give researchers at universities and nonprofit organizations in the U.S. access to study data from the largest social media companies and provide public transparency on the most widely shared posts, advertising, content moderation practices and recommendation algorithms. - John Perrino / Tech Policy PressMore: Nate Persily puts in a cameo appearance to explain the bill and it...2022-12-2741 min
FedSoc ForumsRecent DOJ Policy for Charging Cases under the Computer Fraud and Abuse Act: Fair or Foul?The Justice Department recently announced the issuance of a revised internal policy for charging cases brought under the Computer Fraud and Abuse Act (CFAA), our nation's main computer crime statute. This revised policy was issued in the wake of the Supreme Court case of United States v. Van Buren, which held that the CFAA’s “exceeds authorized access” provision does not cover those who have improper motives for obtaining information that is otherwise available to them. Additionally, the new DOJ policy for the first time directs federal prosecutors that good-faith security research should not be charged under the CFAA, but also a...2022-11-1757 minAdvisory OpinionsSpecial Master to Review Mar-a-Lago DocumentsA federal judge ordered the appointment of a special master to review the sensitive documents seized at Mar-a-Lago. Orin Kerr, law professor at the University of California, Berkeley, joins Sarah to break down the ruling. Then, Sarah is joined by Thomas Lee, former associate chief justice of the Utah Supreme Court, for another discussion of corpus linguistics. Show Notes:-A Corpus Linguistic Analysis of 'Foreign Tribunal'-Corpus Juris Advisors-Judging Ordinary Meaning-Data-Driven Originalism
Learn more about your ad choices. Visit megaphone.fm/a...2022-09-081h 20
Rational SecurityThe “Textual Healing” EditionThis week, Alan, Quinta and Scott talked amongst themselves about some of the week's big national security news stories, including:“What’s in a Name?” Observers of the war in Ukraine are increasingly turning to a controversial term to describe the actions of Russian forces: genocide. Why are people suddenly using this word? Is its use appropriate here?“Who’s Afraid of Going Dark?” A recent expose has gone deep into the struggle between big tech companies and NSO Group, the Israeli hacking company that has provided various governments around the world with the ability to access users’ phones and other p...2022-04-201h 11
The Cyberlaw PodcastScarlett Johannsson Appears on the Cyberlaw PodcastA special reminder that we will be doing episode 400 live on video and with audience participation on March 28, 2022 at noon Eastern daylight time. So mark your calendar and when the time comes, use this link to join the audience: https://riverside.fm/studio/the-cyberlaw-podcast-400 See you there! For the third week in a row, we lead with cyber and Russia’s invasion of Ukraine. Paul Rosenzweig comments on the most surprising thing about social media’s decoupling from Russia—how enthusiastically the industry is pursuing the separation. Facebook is allowing Ukrainians to threaten violenc...2022-03-1759 minThe Cyberlaw PodcastScarlett Johannsson Appears on the Cyberlaw PodcastA special reminder that we will be doing episode 400 live on video and with audience participation on March 28, 2022 at noon Eastern daylight time. So mark your calendar and when the time comes, use this link to join the audience: https://riverside.fm/studio/the-cyberlaw-podcast-400 See you there! For the third week in a row, we lead with cyber and Russia’s invasion of Ukraine. Paul Rosenzweig comments on the most surprising thing about social media’s decoupling from Russia—how enthusiastically the industry is pursuing the separation. Facebook is allowing Ukrainians to threaten violenc...2022-03-1759 minFedSoc ForumsCert Petition Litigation Update: United States v. Tuggle and the Meaning of “Search”An exciting petition for certiorari pending before the U.S. Supreme Court, United States v. Tuggle presents the question "Whether long-term, continuous, and surreptitious video surveillance of a home and its curtilage constitutes a search under the Fourth Amendment." The central question deals with the meaning of the word "search." Under Katz v. U.S., the reasonable expectation of privacy test defines a "search." Many argue Katz is incorrect. Instead, the Court should interpret search to have its ordinary public meaning--a purposeful, investigative act. Please join our speakers in a discussion about United States v. Tuggle, the Fourth Amendment, textualism...2022-02-2258 min
The BTLJ PodcastGeofence Warrants - Cell Phone Searches and the ConstitutionAre geofence warrants running roughshod over the first and fourth amendments? Or are they an innocuous law enforcement tool that's really no constitutional violation at all? The BTLJ Podcast speaks with renowned constitutional law experts Erwin Chemerinsky and Orin Kerr to get some guidance.
Hosted by Ben Brokesh, Chris Musachio, Hazim Alwazir, Hannah Brown, and Meg Sullivan.
Produced by BTLJ Podcast Editors Isabel Jones and Seth Bertolucci and Senior Online Content Editors Thomas Horn and Karnik Hajjar2022-02-0551 minThe Lawfare Podcast: Patreon EditionOrin Kerr and Asaf Lubin on Apple v. NSO GroupLate last month, Apple sued the Israeli technology firm NSO Group under the Computer Fraud and Abuse Act. That's the federal law that criminalizes computer hacking and provides a civil cause of action for hacking victims. NSO Group is primarily known for its Pegasus spyware software, which it provides to many governments for their law enforcement and national security investigations. Apple is suing NSO Group because many of the devices that Pegasus is used against are Apple iOS devices. Apple's lawsuit is just the latest in what has been several bad years for NSO Group, which has come under...2021-12-0342 min
In Lieu of Fun: #DogShirtTVOrin Kerr ReturnsWherein, esteemed law professor and man about Twitter Orin Kerr returns to the show to discuss the how and the why behind the dearth of 4th Amendment cases being heard by the Supreme Court this term. Hosted on Acast. See acast.com/privacy for more information.2021-11-0957 min
In Lieu of Fun: #DogShirtTVPugilism Week! Orin Kerr v. Scott Shapiro, April 20, 2020On the first Pugilism Week, Orin Kerr takes on Scott Shapiro over their longstanding antagonism. Hosted on Acast. See acast.com/privacy for more information.2021-08-091h 07
Tech Policy Podcast#294: Border Searches of Digital DevicesBorder agents have broad authority to search the smartphone or laptop of anyone entering the country. That might be about to change, however, if the Supreme Court takes up one of several cases challenging such searches. Professor Orin Kerr, of the University of California, Berkeley, School of Law, joins the show to discuss the interplay between the Fourth Amendment and the border, the Court’s evolving views on smart-device searches, and what might happen if any or all of these cases is taken up.
2021-06-2538 minThe Lawfare Podcast: Patreon EditionThe Justice Department, Congress, and the PressA spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we really know...2021-06-1547 min
SCOTUScastVan Buren v. United States - Post-Decision SCOTUScastOn June 3, 2021 the Supreme Court decided Van Buren v. United States. The issue was whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.In a 6-3 opinion authored by Justice Barrett, the Court reversed the ruling of the Court of Appeals for the Eleventh Circuit and remanded the case. The Supreme Court held, “An individual ‘exceeds authorized access’ under the Computer Fraud and Abuse Act of 1986, 18 U.S.C. § 1030(a)(2), when he accesses a compu...2021-06-1417 min
Learning on the JobLesson #18: There is No Industry that is Without Messtw/ Mess and Messiness
This week James and Nic have a few challenging conversations and revisit some ghosts of grad school past. And girl, it gets a bit messy. Hopefully messy in a productive way, but time will have to tell on that one. We think about the politics of self-promotion, the importance of being mindful of those around (and more importantly below) you, and why it always feels so weird to air dirty laundry, even though we know everybody's got some.
From there we take some time to think through the continued (increasing?) bad...2021-05-101h 02
DissedDon't Call It a ComebackFor much of our nation’s history, courts asked whether government physically intruded on property to determine if it violated the Fourth Amendment’s prohibition on unreasonable searches and seizures. The Supreme Court later adopted a standard looking at whether the government violated an individual’s “reasonable expectation of privacy.” But in recent years, the property-based approach has been making a comeback, most recently in Justice Neil Gorsuch’s dissent in Carpenter v. United States. Will the property-based approach knock out the reasonable expectation of privacy test? Tune in to find out! Special thanks to guests Orin K...2021-04-2143 min
In Lieu of Fun: #DogShirtTVOrin KerrThe famed Fourth Amendment scholar joins us to discuss his academic career, privacy and COVID-19, and a little bit of music. Hosted on Acast. See acast.com/privacy for more information.2021-04-171h 05
Advisory OpinionsThe Plastic Cutlery of DamoclesFearing that death or disability will remove Justice Stephen Breyer from the Supreme Court when a Republican is in the White House, progressives have begun urging the senior Democratic appointed justice to retire so that Joe Biden can nominate a younger successor while he has a chance. Is Justice Breyer likely to retire anytime soon? David Lat joins today’s show to give us his take. Stick around to hear David Lat and our hosts chat about Biden’s 36-person Supreme Court commission, a new opinion involving California pandemic law, Google v. Oracle, and lawful orders from police officers.
2021-04-121h 21
Supreme MythsProfessor Orin Kerr
Professor Orin Kerr stops by Supreme Myths to talk about searches and seizures, originalism, legal education and the infamous US News Rankings.
2021-04-0650 min
The Legal AcademyBonus Ep. Torres v. Madrid with Andrew CrespoThis episode discusses Torres v. Madrid, a new Supreme Court case about the meaning of Fourth Amendment seizures. A woman was shot by the police while driving away from them, and she did not stop: Was she "seized" under the Fourth Amendment? Professor Kerr is joined by Andrew Crespo, a Professor of Law at Harvard Law School.2021-03-2635 min
Ten Minutes Before ClassBeing Informed in 2021This is an inexhaustive list of folks I follow for their expertise about issues and problems of the day. · Jelani Cobb (Twitter: jelani9): professor of journalism at Columbia; staff writer for The New Yorker.· Jack Goldsmith (Twitter: @jacklgoldsmith): professor at Harvard University, expert on national security, and co-founder of Lawfare.· Joanne Freeman (Twitter: @jbf1755): professor of history at Yale University. Her recent book is about violence in Congress during the Civil War period and she recently published an op-ed in the New York Times on the same topic. She has a lecture series called History Matters that...2021-02-0609 minSCOTUScastVan Buren v. United States - Post-Argument SCOTUScastOn November 30, 2020 the Supreme Court heard oral argument in Van Buren v. United States. The question before the court was whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.Orin Kerr is a Professor of Law at UC Berkeley School of Law and he joins us to discuss this case’s oral argument.2020-12-1421 min
The Patriot Cause17 Great AmericansThe seriousness of the constitution is being shredded daily by the progressive, oops I’m sorry, communist in our country. While everyday Americans go about their freedoms based on the constitution in this country, the communist are replacing it with their utopia tyrannical fantasies.
Republican Reading of the Constitution
Thom Hartmann
Jan 6, 2011
https://www.youtube.com/watch?v=-nZIq4h83fk
The Epoch Times Australia
Texas Asks Supreme Court to Rule Election in 4 Battleground States Unconstitutional
https://www.youtube.com/watch?v=uT7yYIQ...2020-12-1022 minFedSoc ForumsCourthouse Steps Oral Argument Teleforum: Van Buren v. United StatesThe case of Van Buren v. United States will have oral arguments before the Supreme Court on November 30, 2020. At issue is whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose. Prof. Orin Kerr joins us to discuss the case, the oral arguments, and its implications.Featuring: Prof. Orin Kerr, Professor of Law, UC Berkeley School of Law Teleforum calls are open to all dues paying members of the Federalist Society...2020-12-0236 min
FedSoc EventsSupreme Court Preview: What Is in Store for October Term 2020?On October 1, 2020, the Federalist Society's Faculty Division and Practice Groups hosted a virtual panel regarding the upcoming Supreme Court term, which began on October 5, 2020. The Court's docket already includes major cases involving criminal law, free expression and religious liberty, copyright, immigration, and matters of constitutional structure. The panel also discussed broader questions about the direction of the Court. Featuring:Orin Kerr, Professor of Law, University of California-BerkeleyEdward Whelan, President, Ethics and Public Policy Center Elizabeth Papez, Partner, Gibson, Dunn & Crutcher LLPErin Hawley, Senior Legal Fellow, Independent Women’s Law Center, and Senior Fe...2020-10-231h 36CaveatNo fruit of the poisonous tree.Ben looks at a case involving mobile device passwords and Miranda rights, Dave has a story about warrants for Google keyword searches. and later in the show Ben speaks with Ben Wright, Professor at SANS Institute on setting performance standards for security and associated liabilities.While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Twitter: Orin Kerr
Mickelson v. State
Google is giving data to police b...2020-10-2148 min
Berkeley TalksBerkeley scholars on the legal legacy of Ruth Bader GinsburgFollowing the death of Justice Ruth Bader Ginsburg on Sept. 18, 2020, Berkeley Law professors — Amanda Tyler, Catherine Fisk, Orin Kerr, Bertrall Ross and Dean Erwin Chemerinsky — came together to discuss Ginsburg's legacy, what will be the likely effects of her no longer being in the Supreme Court and what is likely to happen in the nomination and confirmation process of a new justice."Her legacy as an advocate completely changed the face of American society," said Tyler, who clerked for Ginsburg in 1999. "As an advocate, she opened the eyes of the Supreme Court to the lived experiences of both...2020-09-281h 07
PoliticologyThe Notorious RBG and the Presidential Transfer of Power - The Weekly RoundupThis episode was recorded when Ron Steslow was host of The Lincoln Project Podcast (www.lincolnproject.us). He is no longer affiliated with the organization. This feed is now the home of Politicology. Our host and Lincoln Project co-founder Ron Steslow talks to co-founder Reed Galen, Lincoln Project Executive Director Sarah Lenti, and Orin Kerr, a professor at the University of California, Berkeley School of Law about the recent passing of Justice Ruth Bader Ginsburg, her legacy, and the impact a Supreme Court vacancy may have on the Presidential Election. They also discuss Trump refusing to commit to a pea...2020-09-2554 minThe Legal AcademyEp. 16: ReflectionsThis is the last episode of The Legal Academy, offering reflections about the season from the host, Orin Kerr.2020-09-1537 minCaveatUnderstanding the right technical assistance model for your organization.Dave reviews an essay from top US officials on persistent engagement as US cyber doctrine, Ben describes the potential implications of a ruling on geofencing, and later in the show our conversation with Sean Brooks, Director of the Center for Long-Term Cybersecurity’s Citizen Clinic program on his recent report, "Digital Safety Technical Assistance at Scale."While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:Ori...2020-09-0247 minThe Legal AcademyEp. 15: Brian LeiterThis week's guest is Brian Leiter, the Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago Law School and the force behind the Leiter Rankings and Brian Leiter's Law School Reports. Topics include law school hiring trends, what it takes to hire top faculty, the role of law school rankings & the US News, and the hiring market in the COVID19 era2020-08-3158 minThe Legal AcademyEp. 14: Beth WilenskyThis week's show is about legal writing programs. Our guest is Beth Wilensky, Clinical Professor of Law in the Legal Practice Program at the University of Michigan Law School. Topics include the role of legal writing programs in law schools; how legal writing programs are structured; hiring and promotion of legal writing professors; scholarship and job security among legal writing professors, and questions of equity and fairness in salary and prestige.2020-08-2654 minThe Legal AcademyEp. 13: Kristin HenningThis week's guest is Professor Kristin Henning, the Agnes N. Williams Research Professor and Director of the Juvenile Justice Clinic of the Georgetown University Law Center. This week is all about clinical legal education. Topics include the role of law school clinics, hiring and promoting clinical faculty, the convergence between clinical and "podium" faculty, and how schools should choose among possible clinics.2020-08-2051 minThe Legal AcademyEp. 12: Nicola LaceyThe guest this week is Nicola Lacey, the School Professor of Law, Gender and Social Policy at the London School of Economics.. This week focuses on legal education in England and how legal academia n England is different from legal academia in the United States. Topics include the structure of legal education, the backgrounds and research agendas of British legal academics, and the government regulations that law professors in England encounter.
Music: www.bensound.com2020-08-1245 minThe Legal AcademyEp. 11: Randy BarnettThe guest this week is Randy Barnett, Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center. Randy discusses how being a law professor has changed in the last 40 years; lessons from teaching at different law schools; the experience of being a libertarian law professor; and the role of law school centers.
Music: www.bensound.com2020-08-0654 minThe Legal AcademyEp. 10: Emma KaufmanThis is the tenth episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest this week is Emma Kaufman, Assistant Professor at New York University Law School.
Music: www.bensound.com2020-07-2248 minThe Legal AcademyEp. 9: Questions and AnswersThis is the ninth episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. This week, Professor Kerr offers answers to reader questions.
Music: www.bensound.com2020-07-1544 minThe Legal AcademyEp. 8: Dan RodriguezThis is the eighth episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest this week is Daniel B. Rodriguez, the Harold Washington Professor of Law and Dean Emeritus at Northwestern Pritzker Law School. This episode is all about law school deans. Topics include why a law professor might want to (or not want to) become a dean, the role of deans, and hiring of deans.
Music: www.bensound.com2020-07-0855 minThe Legal AcademyEp. 7: Meera DeoThis is the seventh episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest this week is Meera Deo, a Professor of Law at Thomas Jefferson School of Law. We discuss Professor Deo's book, "Unequal Profession: Race and Gender in Legal Academia."
Music: www.bensound.com2020-06-3057 min
Q & A, Hosted by Jay NordlingerE289. Life ’n’ Law with a ProOrin Kerr is a law professor and legal writer extraordinaire. He teaches at Berkeley. He writes widely, including on Twitter (@OrinKerr). With Jay, he talks about life and the law: judges, presidents, senators, pardons, and more. Also: How’s life on campus? Free and easy or illiberal and hard? Orin Kerr is a natural teacher and interviewee. Source2020-06-2846 minThe Legal AcademyEp. 6: Pam KarlanThis is the sixth episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest this week is Pamela Karlan, the Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford Law School.
Music: www.bensound.com2020-06-2453 minThe Legal AcademyEp. 5: Eric PosnerThis is the fifth episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest this week is Eric Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago Law School.
Music: www.bensound.com2020-06-1653 minThe Legal AcademyEp. 4: Danielle CitronThis is the fourth episode of The Legal Academy, a show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest this week is Danielle Citron, a Professor at Boston University Law School.
Music: www.bensound.com2020-06-0951 minThe Legal AcademyEp. 3: Sarah LawskyThis is the third episode of The Legal Academy, a new show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. Today's guest is Sarah Lawsky, the Benjamin Mazur Summer Research Professor of Law at Northwestern Pritzker School of Law. Topics include entry-level hiring and the scholarly world of tax law professors.
Music: www.bensound.com
2020-06-0256 minThe Legal AcademyEp. 2: Jamal GreeneThis is the second episode of The Legal Academy, a new show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. Today's guest is Jamal Greene, Dwight Professor of Law at Columbia University.
Music: www.bensound.com2020-05-2652 min
The Legal AcademyEp. 1: Akhil AmarThis is the first episode of The Legal Academy, a new show about law professors hosted by Professor Orin Kerr of UC Berkeley Law School. The guest is Akhil Amar, Sterling Professor of Law and Political Science at Yale University.
Music: www.bensound.com2020-05-1950 min
FedSoc EventsPanel: Originalism and the Fourth AmendmentOn January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The topic of the third panel was "Originalism and the Fourth Amendment".This panel explored the extent, if any, to which an originalist methodology can answer the big questions of Fourth Amendment interpretation that courts are grappling with today. If an originalist methodology can answer these questions, what answers does it provide? *******As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers. Featuring:...2020-01-241h 28
Law to FactHow to Read a Legal OpinionIn this episode ...Orin Kerr, Professor of Law, Berkeley Law School, explains how to read a legal opinion. The episode is an exploration of Prof. Kerr's essential article, How To Read A Legal Opinion: A Guide For New Law Students, 11 Greenbag 2d 51 (2007). Professor Kerr discusses the parts of a brief, what aspects of a case matter to a law professor and emphasizes the need for learning the new language of the law. He acknowledges his own struggles with case law reading when he began law school (we both do), and encourages students to recognize the learning cur...2019-07-2324 min
Ipse DixitEx Cathedra 3: Orin Kerr on Legal ScholarshipIn this episode, Orin Kerr, Professor of Law at the University of California Berkeley School of Law, discusses his path into legal academia and offers advice for aspiring academics and junior scholars. Among other things, Kerr describes his early career and how his research has evolved over time. Kerr also offers advice on how to write and think effectively as a legal scholar, as well as some tips for teaching. Kerr is on Twitter at @OrinKerr.This episode was hosted by David A. Simon, Visiting Assistant Professor at the University of Kansas School of Law, and a Pr...2019-07-2033 minIpse DixitOrin Kerr on Implementing Carpenter and the Digital Fourth AmendmentIn this episode, Orin Kerr, Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law, discusses his article, "Implementing Carpenter," which is part of his forthcoming book The Digital Fourth Amendment. Kerr describes what happened in the paradigm-shifting Supreme Court case Carpenter v. United States (2018), and why it was such a departure from prior Fourth Amendment jurisprudence. He observes that there is considerable uncertainty about how Carpenter will apply in future cases, and discusses three potential approaches: subjective, mosaic, and source. He explains why the source approach is the...2019-01-0936 min
Merriam-Webster's Word of the DayexigentMerriam-Webster's Word of the Day for August 22, 2018 is:exigent \EK-suh-junt\ adjective1 : requiring immediate aid or action2 : requiring or calling for much : demandingExamples:The patients were triaged so that exigent cases would be given immediate care."I have argued that a warrant to seize the needle should allow the police to seize the haystack to search for the needle. But there's a catch: The government should ordinarily not be allowed to use whatever else they find in the haystack. If the...2018-08-2201 min
The Privacy Advisor PodcastThe Privacy Advisor Podcast: Why is Carpenter such a big deal?The U.S. Supreme Court ruled in June that the government generally must have a warrant to gather location data from cellphones. The case followed an appeal filed by Timothy Carpenter after he was convicted for a series of armed robberies with help from cellphone data obtained by law enforcement without a warrant. Lawyers representing Carpenter asserted that his Fourth Amendment rights were violated, as the lack of a warrant constitutes as an unreasonable search and seizure. The case incited much reaction from both privacy and law enforcement advocates. But now that the dust has settled a bit, what c...2018-07-2740 min
Oral ArgumentEpisode 157: BlockedHoliday nonsense show part 2: on the upcoming Supreme Court arguments Dalmazzi v. United States, millennials and the punishing U.S. economic system, the presidency and the popular vote, and expertise and Twitter.
This show’s links:
SCOTUSblog page for Dalmazzi v. United States
In That Case podcast
Michael Hobbes, FML: Why Millennials Are Facing the Scariest Financial Future of Any Generation Since the Great Depression
Carissa Byrne Hessick, Towards a Series of Academic Norms for #Lawprof Twitter
Oral Argument 89: Adequacy (guest Josh Weishart)
Oral Argument 42: Shotgun Aphasia (guest Orin Kerr)
How to Block Accounts on Twitter
2018-01-081h 26
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture#211: SCOTUS Suspensions & Cellphone TrackingIn this episode, Elizabeth & guest host John-Michael Seibler talk about the Court's recent orders and arguments, and they interview criminal law expert Orin Kerr about the cellphone case at SCOTUS. They also play Supreme Trivia - Fourth Amendment edition. Hosted on Acast. See acast.com/privacy for more information.2017-12-0134 min
cmdX anDre Articles "Law of WE "podcastThe future of digital privacyAlex Abdo of the Knight First Amendment Institute and Orin Kerr of George Washington Law debate whether warrantless searches and seizures of cellphone records violate the Fourth Amendment in a special podcast hosted at the National Press Club. In late November, the Supreme Court will tackle a very modern question about the venerable Fourth Amendment: Does it allow police to see where you’ve been for the past four months by looking at your cellphone data without a warrant? In Carpenter v. United States, which will be argued on November 29, cell number data placed a robbery suspect, Timothy Ivory Carpenter, ne...2017-11-221h 09
We the PeopleThe Future of Digital PrivacyAlex Abdo of the Knight First Amendment Institute and Orin Kerr of George Washington Law debate whether warrantless searches and seizures of cellphone records violate the Fourth Amendment in a special podcast hosted at the National Press Club.In late November, the Supreme Court will tackle a very modern question about the venerable Fourth Amendment: Does it allow police to see where you’ve been for the past four months by looking at your cellphone data without a warrant?In Carpenter v. United States, which will be argued on November 29, cell number data placed a ro...2017-11-221h 14
We the PeopleThe Future of Digital PrivacyAlex Abdo of the Knight First Amendment Institute and Orin Kerr of George Washington Law debate whether warrantless searches and seizures of cellphone records violate the Fourth Amendment in a special podcast hosted at the National Press Club.In late November, the Supreme Court will tackle a very modern question about the venerable Fourth Amendment: Does it allow police to see where you’ve been for the past four months by looking at your cellphone data without a warrant?In Carpenter v. United States, which will be argued on November 29, cell number data placed a ro...2017-11-221h 14
Bloomberg LawCourt Consulted on Electronic Searches at Airports (Audio)(Bloomberg) -- Orin Kerr, a professor at George Washington University School of Law, and George Newhouse, a partner at Detons, discusses a bid by the ACLU to review warrantless government cellphone searches at U.S. airports. They speak with Bloomberg's June Grasso on Bloomberg Radio's Bloomberg Law.See omnystudio.com/listener for privacy information.2017-10-2708 minOral ArgumentEpisode 149: We've Been Given the Finger (Live at the Tech Law Institute)We returned this week to the annual Tech Law Institute meeting in Atlanta. We talk about data, law, and society: Joe and Christian's fight over data on the way to the conference, a new Supreme Court case involving cloud data and international boundaries, and the decisions that technology will force us to make. (Thanks to Jacob Davis for helping us provide written materials for the conference!)
This show’s links:
SCOTUSblog page on United States v. Microsoft (including links to the petitions for cert and the Second Circuit's panel opinion)
Paul Schwartz, Legal Access to Cloud In...2017-10-2254 min
FedSoc EventsSupreme Court Preview: What Is in Store for October Term 2017?October 2nd will mark the first day of oral arguments for the 2017 Supreme Court term. The Court's docket already includes major cases involving Federal Courts, redistricting, the First Amendment, election law, business law, class actions, international and immigration issues, Alien Tort Statute, and the Fourth Amendment. -- The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court. -- Featuring: Kyle Duncan, Schaerr Duncan, LLP; Prof. Samuel Estreicher, New York University School of Law; Prof. Orin Kerr, George Washington...2017-10-051h 34FedSoc EventsA Conversation with Senator Rand PaulThe George Washington University Law School (GW) Federalist Society Chapter presents a conversation with United States Senator Rand Paul moderated by GW Professor Orin Kerr. Senator Paul will discuss Congressional authority under Article I and will field questions from the audience. -- Speakers: Professor Orin Kerr, Fred C. Stevenson Research Professor of Law, The George Washington University Law School and Hon. Rand Paul, United States Senator, Kentucky.2017-09-0742 min
Federalist Society Practice Groups PodcastsUnwarranted: Policing Without Permission by Barry FriedmanCriminal Law & Procedure Practice Group PodcastIn June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In�Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected?and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us...2017-03-151h 05Federalist Society Practice Groups PodcastsUnwarranted: Policing Without Permission by Barry FriedmanCriminal Law & Procedure Practice Group PodcastIn June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In�Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected?and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us...2017-03-151h 05Bloomberg LawBloomberg Law Brief:Facebook Fight Digital Search Warrant RulesOrin Kerr, a professor at George Washington University Law School, discusses who should control access to information when law enforcement agencies ask services like Facebook and Google for access to their users’ information. He speaks with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law."See omnystudio.com/listener for privacy information.2017-02-0904 minBloomberg LawFacebook Fight Digital Search Warrant Rules (Audio)(Bloomberg) -- Orin Kerr, a professor at George Washington University Law School, discusses who should control access to information when law enforcement agencies ask services like Facebook and Google for access to their users’ information. He speaks with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law."See omnystudio.com/listener for privacy information.2017-02-0808 minOral ArgumentEpisode 120: UnboundIn our remote recording location and with returning election-law expert Lori Ringhand, we talk about the election. The electoral college, the moral and legal roles of electors, disputed elections in the House, crises, civil wars. Oh my. (Back in OA World Headquarters for next week’s show.)
This show’s links:
Lori Ringhand’s faculty profile and writing
The Twelfth Amendment to the U.S. Constitution (including a link to some superseding language of the Twentieth Amendment)
Alexander Hamilton, Federalist No. 68
Rick Hasen’s link to California’s brief against unbinding California’s Electors
Geoffrey Stone, Electors Aga...2016-12-161h 24
Amicus With Dahlia Lithwick | Law, justice, and the courtsTrump’s ConstitutionIn the days leading up to Election Day, conservative legal scholar Orin Kerr explained why he would be crossing the aisle to vote for a Democrat. On this episode, he tells us why the prospect of a President Trump frightened him so much, and what we can expect in the way of checks and balances on executive power for the next four years. We also speak with Garrett Epps, who wrote in The Atlantic this week that Trump is “a figure out of authoritarian politics, not the American tradition.” Epps observes that Trump has expressed contempt for near...2016-11-1226 minOral ArgumentEpisode 92: Deficit PeacockWe’re joined by tax scholar Daniel Hemel to discuss a puzzling problem. Why don’t presidents use their regulatory powers to affect tax law like they do to affect the law in many other areas? But before that, we talk about Christian’s birthday disappointment (0:01:15) and law reviews and the Bluebook (0:06:47). Then we talk Joe’s Oral Argument cruise proposal and segue to today’s topic (0:21:32), a president’s power to tax (0:27:19), an example of “carried interest” (the tax issue that flared up in the 2012 presidential campaign) (0:37:12), Daniel’s game-theoretic model and discussion of hawks, peacocks, debt ceilings, and presidential h...2016-03-181h 23Oral ArgumentEpisode 90: We Are a Nation of Time-ShiftersOur main topic is fair use, the engine of so much cultural reuse and advancement. We’re joined by one of the doctrine’s most interesting scholars, Mike Madison. But the conversation spans: Joe’s telecomm cursing issues (0:00:36), FBiPhones and the Apple-FBI imbroglio (0:09:26), and fair use (0:28:27), including discussion of Mike’s Big Idea of social practices (0:53:03), reverse engineering, parody, video tapes, and much more.
This show’s links:
Mike Madison’s website, writing, and blog
FCC v. Pacifica Foundation
FCC v. Fox (Fox II) (containing a link to Fox I)
This American Life 267: Propriety (It’s all good, but...2016-02-271h 30Oral ArgumentEpisode 66: You’re Never Going to Get It All DoneWe talk this week about elections and markets for votes with election-law scholar Kareem Crayton. Calling in from Hong Kong, where the design of elections looms large, Kareem chats with us about what elections are meant to do, the private and public nature of the voting booth, the practical legal immunity of decisions made for illegitimate reasons, comparisons of elections and other markets for products, racism, the Voting Rights Act, and more. Is racism more like polio or high blood pressure?
This show’s links:
Kareem Crayton’s writing
Glossip v. Gross
Michael Dorf, Evolving Standards of D...2015-07-031h 29
We the PeopleThe Fourth Amendment and police dog searchesThe National Constitution Center’s Jeffrey Rosen is joined by Orin Kerr and Christopher Slobogin to discuss another big Supreme Court decision about the Fourth Amendment and police dogs.2015-04-2339 min
cmdX anDre Articles "Law of WE "podcastThe Fourth Amendment and police dog searchesThe National Constitution Center’s Jeffrey Rosen is joined by Orin Kerr and Christopher Slobogin to discuss another big Supreme Court decision about the Fourth Amendment and police dogs.2015-04-2339 min
We the PeopleThe Fourth Amendment and police dog searchesThe National Constitution Center’s Jeffrey Rosen is joined by Orin Kerr and Christopher Slobogin to discuss another big Supreme Court decision about the Fourth Amendment and police dogs.2015-04-2339 minOral ArgumentEpisode 42: Shotgun AphasiaWhen should the police be able to search your phone, your computer, your email, or your dropbox? Orin Kerr thinks that over time, and in the face of changing technology and social practices, courts maintain a relatively consistent balance between privacy and the state’s interest in criminal investigation. The legal changes that maintain that consistency seem to be acceptable to originalists, pragmatists, and living constitutionalists alike. From cell phones to horses and buggies to automobiles and confidential informants. It’s the search episode. And then … yep, speed traps. Joe and Orin make a spiritual connection as non-warners.
This...2014-11-211h 33
Federalist Society Event Audio2007 Bator Award Presentation 2-24-07The 2007 Paul M. Bator Award was awarded to Professor Orin Kerr on February 24, 2007, at the 2007 Annual Student Symposium held at Northwestern University School of Law. Professor Kerr was introduced by University of Chicago Law School Student Chapter member, William Rothwell.2007-04-2706 minFederalist Society Event AudioMorality of First Amendment Jurisprudence 2-24-07The Federalist Society's Student Division presented this panel at the 2007 Annual Student Symposium on February 24, 2007. The panelists included Prof. Andrew Koppelman of Northwestern University, Prof. John McGinnis of Northwestern University, Mrs. Phyllis Schlafly of the Eagle Forum, Prof. Geoffrey Stone of the University of Chicago and Prof. Orin Kerr of George Washington University as the moderator.2007-04-271h 31