Orin Kerr✓

I gave a lecture at @StanfordLaw last week titled, "How Should Flock Cameras Be Regulated Under the Fourth Amendment?" The video is now available at the link below; the lecture starts at the 7:30 mark.

4 William Blackstone, Commentaries on the Laws of England *343

DOJ sought an indictment against Cassidy Hutchinson for her Jan. 6 testimony but the grand jury refused to indict, WaPo reports. Gift link:

Exit polls available from Israeli election. Stay tuned.

RT @SarahNLynch: In an extraordinary hearing, the magistrate judge struck the superseding complaint because it lacked judicial review and scolded DOJ. The hearing on the original complaint is ongoing

RT @AndrewCMcCarthy: The Trump DOJ’s Latest Absurd Charge Against Comey

RT @jacklgoldsmith: The “criminal information” the Department of Justice filed on Oct. 5 against former FBI Director James Comey is legally flawed. The problem is not just that two sets of prosecutors in the Trump 1.0 Justice Department investigated this matter and declined to bring charges. The more immediate problem is that the Trump 2.0 Justice Department waited too long to bring the case.

RT @HooverInst: Do you have a right to privacy on public roads? Stanford legal scholar and Hoover Senior Fellow @OrinKerr joins Free Speech Unmuted with Eugene @VolokhC to discuss Flock cameras, the networked license plate readers fueling debate over police surveillance. They discuss how the Fourth Amendment applies to tracking people's movements, whether police should need a warrant to search camera databases, and how to balance investigative benefits with the potential for abuse. They also consider what we still don't know about these tools' effectiveness in protecting public safety. Tune in to the full conversation on Hoover+:

Jud Campbell's scholarship is terrific, and I enjoyed his new Scalia lecture at HLS: "The Federalist Bill of Rights," arguing there was a divide b/w the Federalists & Anti-Federalists about what a Bill of Rights should be, & the Federalist view won out.

Oh, and yes, Jud is my SLS colleague, so feel free to wonder if I am biased in admiring his work, although note I've been posting about his work for a long time before we were colleagues. Seriously, great lecture.

RT @brianlfrye: The “discourse” around You Can See Everything makes me realize how few people have seen F is for Fake. Basic media literacy folks!

It seems odd to me that Breyer would say this, or at least was said to have said it. "Forced out"? He had life tenure, he could stay as long as he wanted. Curious if Breyer has (or will have) a public response to this allegation.

This requires a bit of an interpretive call, but as a textualist, it seems to me that the document released today doesn't count for purposes of my April poll: This is only an information, and the polling question specifically asks about how many times Comey will be indicted.

BREAKING: James Comey facing indictment in DC for alleged disclosure of classified information. Case goes to Judge McFadden.

Old school.

It's kinda interesting from a privacy perspective that we used to leave our names in the cards of every book we checked out, with a record we checked it out on a particular date and our signature, for anyone who later has the book to see the history of who checked it out.

RT @BrianLeiter: Texas A&M Law Dean Bobby Ahdieh to become President of Pace University...

RT @kyledcheney: JUST IN: Maurene Comey's firing by DOJ was illegal and she must be orders retroactively reinstated w back pay, a judge rules. "To accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system"

The oral argument on this Fourth Circuit SCA case was last month. You can listen here:

Interesting SCA issue now on appeal to the 4th Circuit: Can internet providers file motions to quash/modify 2703(d) orders? That's allowed for subpoenas, but not allowed for warrants: What do you do with intermediate (d) orders, in light of statutory silence on this?

Searching through the CSPAN archives for interesting law professor content, I'm reminded that now-Justice Kagan was Senator Biden's Special Counsel for Ruth Bader Ginsburg's confirmation hearing in 1993.

Lots of interesting witnesses on Day 4 of the RBG hearing, btw: Gerald Gunther, Bill Coleman, Herma Hill Kay, Shirley Hufstedler, etc.

Super niche tweet, but Stanford has a lot of walkways that are called "malls." The etymology of "mall" is really fascinating. (Stanford's usage is akin to that of the National Mall; not an indoor shopping center, but an outdoor walking area.)

As I follow it, you go from the 1500s Italian game "mallet ball," or "pallamaglio," to the French "pallemaille," to the English name of the game, "pall-mall," to an area where you would play pall mall being called a "mall," to a walking area that you could play pall mall being called a mall, to an indoor shopping area where you walk from store to store being called a mall, to a person who hangs out at the shopping area being a mall rat—the term "mall" all coming from the Italian and then French term for a mallet used in an outdoor game several hundred years ago.

The origins of "arcade" are also interesting. So in the 1980s, when we Gen X kids went to the arcade at the mall, we were relying on some very new modern uses of older words.