The Fourth Amendment and the Color-Blind Constitution
A tale of two doctrines.
Orin S. Kerr
Latest from Orin S. Kerr
AI Agents and the CFAA: Amazon.Com Services v. Perplexity AI
Just a preliminary injunction stage, but an important case to follow.
The Missing Part of the State Court Mangione Suppression Ruling?
The federal court denied a similar motion; the state court grants it in part.
New Draft Article: "Popular Conceptions of Fourth Amendment Curtilage"
The Supreme Court says everyone knows this. We decided to ask people.
Why AI Isn't Like a Law Clerk
A response to Daniel Solove.
A Few Thoughts on the Chatrie Oral Argument
On the whole, a good morning for the government.
What To Do With AI-Generated Legal Scholarship?: Part 2
Am I an author? A prompter? Is this mine?
Links to My Posts on Chatrie v. United States, the Geofence Warrant Case
Fourteen posts in all, from 2022 to the present.
The Difficulty of the Search Question: More Thoughts on Chatrie
Another in a series.
A Narrow Resolution on Geofence Warrants?: A Thought on Chatrie
The first in a series.
My Amicus Brief in the Geofence Warrant Case, United States v. Chatrie
The case will be argued April 27th.
How AI Tools Can Help With Legal History Research
Probably not the most in-demand use, but a really cool one. And maybe something that makes originalism easier?
The Carpenter Adjustment
Chapter 9 of "The Digital Fourth Amendment"
Final Version, "Data Scanning and the Fourth Amendment"
Especially relevant for United States v. Chatrie, the geofence warrant case.
Book Review of "The Digital Fourth Amendment"
Now out in the Harvard Law Review.
"The Moving Property Problem in Fourth Amendment Law"
A new draft article, now posted.
More on Administrative Warrants to Enter Homes: Thoughts on Lucas
A close look at the Eighth Circuit case behind the DHS position.
Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant?
A tentative take, on both the rights and the remedies.
The Minnesota ICE Videos and "They Saw A Protest"
One explanation for the different reactions.
Searching Old Digital Haystacks: Some Thoughts on the Richman v. United States Litigation
Interesting Fourth Amendment issues, with a novel remedy.
Are There Fourth Amendment Rights in Google Search Terms?
A noteworthy decision, even if there's no majority opinion.
My Experience as a Law Professor Juror
I did it, and I recommend it.
What is the Jones Property Test, and How Is It Different From Katz?
The final version of my new article has been published.
Judicial Experience and Judicial Selection
A thought in response to Josh.
Thoughts on Case v. Montana and the Standards for the Emergency Aid Exception
The Fourth Amendment returns.
The Fourth Amendment and the "Instinctive" Drug Detection Dog
This one is a search.
Supreme Court Lifts Injunction in Los Angeles Immigration Enforcement Case
Allowing the Administration's program to continue, although not creating any new Fourth Amendment law.
So You're About to Start Law School: An Incoming Law Student's Guide
My tips for 1Ls, now up on Youtube.
Do Arrest Warrants Have a Diligence Requirement?
Tracing the doctrine back.
Listen for Free to the First Hour of "The Digital Fourth Amendment"
A long preview is now available on Youtube.
Stewart Baker vs. Orin Kerr on "The Digital Fourth Amendment"
A debate between Volokh bloggers.
Monty Python, The Holy Grail, and the Idea of Due Process
"How do you know she's a witch?"
Jack Goldsmith: "The Solicitor General Embraces Judicial Supremacy"
You're reading Jack Goldsmith, right?
Revised Version of "Data Scanning and the Fourth Amendment"
Now up to date.
Updated draft: The Two Tests of Search Law
"What is the Jones Test, and What Does That Say About Katz?"
The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper
Fifteen judges produce eight separate opinions—but no view gets a majority.
"The Digital Fourth Amendment" Is Now Available As An Audio Book
For those who listen to their books rather than read them.
Jack Goldsmith on the Edward Martin Nomination
"The Case for Non-Confirmation"
The Idea of My New Book, The Digital Fourth Amendment—and Why It Matters
A second post on "The Digital Fourth Amendment"
I Am Not a Fan of Law Professor Books. Why Did I Just Write One?
The first in a series about "The Digital Fourth Amendment."
Warrantless Home Searches Under the Alien Enemies Act?
Trying to figure out a reported new legal argument.
Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg
A useful overview.
New Draft Article: "Data Scanning and the Fourth Amendment"
Just posted to SSRN.
Paul Clement Recommends Dismissing the Eric Adams Charges—But With Prejudice
A new development in the Eric Adams case.
New Draft Article: The Two Tests of Search Law
There are two tests for what is a Fourth Amendment search. But what are they?
"The Digital Fourth Amendment," Now Shipping
My new book is now available.
