Orin Kerr

According to this page, the book is intended for young children (4-8 years old), and the publication date is this Tuesday. harpercollins.com/products/heroe…

Having published a @nytimes bestseller with "Over Ruled: The Hidden Cost of Too Much Law" in 2024, Justice Gorsuch and Jane Nitze have now authored a 48-page illustrated children's book: "Heroes of 1776: The Story of the Declaration of Independence." foxnews.com/video/63944842…

People who live near where tear gas was used against protesters sue to stop future use of it, asserting a substantive Due Process right to be free of exposure to it. District court: Use enjoined. CA9, per new J. Tung: Stayed, as there's no such right. cdn.ca9.uscourts.gov/datastore/opin… #N

Police shoots & kills driver. Iowa SCT: Although qualified immunity applies to federal Sec 1983 claims alleging excessive force under the 4A, Iowa's state equivalent statute does not have a QI defense for common law torts including assault and battery. iowacourts.gov/courtcases/258… #N

@PhilWMagness (Genie, the education stuff strikes me as a cheap shot, but maybe I missed something.)

@PhilWMagness I follow both of you, think of both of you as good faith actors, and I’m puzzled as to why there would be hostility between you.

NOT-SO-BREAKING NEWS: Jonathan Fine is still deeply confused by the field of bibliometrics. Or really anything that has numbers, apparently.

RIP Stewart Baker, a veteran of national security and cyber law in DC. Always a trusted and reliable voice in a topsy-turvy time

Great critique of “luxury belief” theory.

@schizesq If all else fails, don’t underestimate the persuasive power of jazz hands.

Monday is my first appellate oral argument. Spending today alone in my empty office building practicing my “in case they don’t ask any questions in the first 10 minutes” speech. The theater kid to litigator pipeline is so real…

@DeTahmineh @IJ Makes sense. I've thought about litigating state law issues relating to search and seizure, but my real interest is the federal 4A, and I think the reality is that federal courts simply ignore what states do with their search and seizure provisions; it has no influence at all.

@OrinKerr @IJ State constitutions are pretty amazing to litigate. They often have more expansive rights written in the text, and not enough caselaw. So, that’s something we sometimes target. Especially when it comes to economic liberty considering how bad the federal standards are.

What's the best writing on how states wanting to provide a forum for the litigation of hard-to-litigate federal constitutional questions—hard to litigate b/c of standing and limited remedies—can or can't create state causes of action to sue state govts over fed const claims?

I'm very saddened to hear of the death of Stewart Baker, a longtime partner at @SteptoeLLP and former government official who I have known for at least 20 years. Stewart was a co-blogger at @VolokhC, an occasional sparring partner in debates, an occasional ally in debates, a fun person to talk to (as in the interview last year linked to below), and always someone I looked forward to seeing. He was unusually direct, funny, insightful, and charming, in both agreement and in disagreement. I'll miss him.

Yale has changed its mission statement, rolling back the language that was adopted in 2016

@DeTahmineh @IJ I would imagine so! ACLU et al, too. Seems like a missed opportunity for states to generate caselaw in areas where the federal courts won't.

@OrinKerr This is what we deal with a lot at @IJ. It is a big part of strategizing impact litigation.

Here's what a federal judge wrote in 2024 when he blocked a Spirit Airlines merger with JetBlue: fingfx.thomsonreuters.com/gfx/legaldocs/…

@timothypomalley Not sure I agree. Treating faculty well is of course great, but some amount of turnover at a school is probably healthy for it. If a school has X faculty slots, no one leaving means no one can be hired, which means no one new, which means no one challenging the status quo.

I just attended a retirement event for four long-term members of the Notre Dame Department of Theology. Each served for over 20 years, and I think to myself how much is lost in the institutional flourishing of the academy today when loyalty is lost: when the institution doesn't possess loyalty (chasing whatever fad comes along, as well as treating faculty and staff as expendable) and when persons are always looking for the next job. You can't have institutions that flourish without this kind of mutual commitment. And I fear that we've reached a point where colleges/universities have little interest in building a long-term culture of intellectual friendship.

@ItsMattsLaw Or at least a common lawless.

common law implies the existence of uncommon, rare, and secret rare law

If you’ve accepted an entry-level tenure-track law professor job, please consider submitting your info to Sarah Lawsky’s list. Among other things, it’s a great way to let other scholars in your field know about you. prawfsblawg.com/lawsky-entry-l…

@bryanlafonte Going through state court to get rulings from state courts on federal constitutional questions that federal courts cannot reach due to various federal doctrines that states aren't required to follow.

@OrinKerr You mean going through state court to get to SCOTUS while avoiding standing problems that you’d have in federal district court (kind of like ASARCO v. Kadish)?

@ProfKMCrocker @aar718 Thanks, that's great. Definitely helpful!

@OrinKerr @aar718 Wider-ranging but should be helpful!