Orin Kerr | |
---|---|
Born | Orin Samuel Kerr June 2, 1971 New York, U.S. |
Academic background | |
Education | Princeton University (BSE) Stanford University (MS) Harvard University (JD) |
Academic work | |
Discipline | Cybercrime |
Institutions | George Washington University University of Southern California University of California,Berkeley |
Orin Samuel Kerr (born June 2,1971) [1] is an American legal scholar and professor of law at the UC Berkeley School of Law. [2] He is known for his studies of American criminal procedure and the Fourth Amendment to the United States Constitution,as well as computer crime law and internet surveillance. [2] Kerr is one of the contributors to the law-oriented blog titled The Volokh Conspiracy .
Kerr was born in 1971 in New York. His father,Arnold D. Kerr (born Aronek Kierszkowski;1928–2012),was a Polish Jew who was the only member of his family to survive the Holocaust;he immigrated to the United States in 1954 and was a professor of civil engineering at New York University and the University of Delaware. [3] [4]
After graduating from Tower Hill School in Wilmington,Delaware,in 1989, [5] Kerr studied mechanical engineering and aerospace engineering at Princeton University,graduating in 1993 with a Bachelor of Science in Engineering,magna cum laude. He then did graduate study in mechanical engineering at Stanford University,where he received a Master of Science degree in 1994. Kerr then attended Harvard Law School,where he was an executive editor of the Harvard Journal of Law and Public Policy and an editor of the Harvard Journal of Law &Technology . He graduated in 1997 with a Juris Doctor,magna cum laude. [6]
Kerr was a law clerk for Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit from 1997 to 1998. From 1998 to 2001,he was a trial attorney in the Computer Crime and Intellectual Property Section of the U.S. Department of Justice's Criminal Division. In 2001,he joined the faculty of George Washington University Law School. [6]
In 2003,Kerr took a leave of absence from the law school to clerk for Justice Anthony M. Kennedy of the United States Supreme Court during October Term 2003. [7] In 2009,he served U.S. Senator John Cornyn of the Senate Judiciary Committee as Special Counsel for Supreme Court Nominations during Sonia Sotomayor's confirmation as Supreme Court Justice; [8] a year later,he again served as an advisor to Cornyn,this time on the Supreme Court confirmation of Elena Kagan. [9]
Kerr was one of the lawyers for alleged MySpace "cyberbully" Lori Drew. [10] His blog contributions at The Volokh Conspiracy often focus on developments in internet privacy law. He has been regarded as a leading scholar on Fourth Amendment jurisprudence in electronic communications and surveillance. Kerr was repeatedly cited in the Ninth Circuit's 2008 opinion Quon v. Arch Wireless Operating Co.,Inc., [11] [12] which held that users have a reasonable expectation of privacy in the content of text messages and e-mails. The Supreme Court later took up the case,as Ontario v. Quon ,and unanimously reversed. Kerr argued before the Supreme Court in the 2011 case Davis v. United States . [13]
In response to a 2011 comment by Chief Justice John Roberts criticizing the irrelevancy of legal scholarship for focusing on issues such as Immanuel Kant's influence on 18th century evidentiary approaches in Bulgaria,Kerr wrote a short,humorous paper on the topic in 2015,finding that such influence was highly improbable. [14]
In 2012,he was appointed to a position as a scholar-in-residence at the Library of Congress;the two-year part-time position focused on information technology,privacy,and criminal justice. [15] In 2018,Kerr joined the faculty of the USC Gould School of Law. In 2019,Kerr joined the faculty of the UC Berkeley School of Law.
Eugene Volokh is an American legal scholar known for his scholarship in American constitutional law and libertarianism as well as his prominent legal blog,The Volokh Conspiracy. Volokh is regarded as an expert on the First Amendment,and the Second Amendment. He is the Gary T. Schwartz Professor of Law at the University of California,Los Angeles,and is an affiliate at the law firm Schaerr Jaffe.
Constitution in Exile is a controversial term that refers to the situation resulting from provisions of the United States Constitution allegedly not having been enforced according to their "original intent" or "original meaning". Some originalists might argue,for example,that the Commerce Clause and Necessary and Proper Clause do not authorize economic legislation dating back to the New Deal.
The Volokh Conspiracy is a legal blog co-founded in 2002 by law professor Eugene Volokh,covering legal and political issues from an ideological orientation it describes as "generally libertarian,conservative,centrist,or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions.
Katz v. United States,389 U.S. 347 (1967),was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the Fourth Amendment to the U.S. Constitution. The ruling expanded the Fourth Amendment's protections from an individual's "persons,houses,papers,and effects," as specified in the Constitution's text,to include any areas where a person has a "reasonable expectation of privacy." The reasonable expectation of privacy standard,now known as the Katz test,was formulated in a concurring opinion by Justice John Marshall Harlan II.
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Jerry Edwin Smith is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
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Ontario v. Quon,560 U.S. 746 (2010),is a United States Supreme Court case concerning the extent to which the right to privacy applies to electronic communications in a government workplace. It was an appeal by the city of Ontario,California,from a Ninth Circuit decision holding that it had violated the Fourth Amendment rights of two of its police officers when it disciplined them following an audit of pager text messages that discovered many of those messages were personal in nature,some sexually explicit. The Court unanimously held that the audit was work-related and thus did not violate the Fourth Amendment's protections against unreasonable search and seizure.
United States v. Jones,565 U.S. 400 (2012),was a landmark United States Supreme Court case in which the court held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
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