Orin Kerr ✓
@OrinKerr · Stanford, California · joined 14 Mar 2013
Professor, Stanford Law School. Senior Fellow, Hoover Institution. Read my book: https://t.co/NScgWkDNEI
129 839Followers
4 325Following
77 782Posts total
181KViews on collected posts
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@OrinKerr I love that you addressed the IRAC problem explicitly. This is how I put it in my book: To the extent that you’re using IRAC as a framework for your exam, then you might think of it in terms of IRAAAAAAAAAAAAAAAAC. The core of the exam answer should be the “A” (analysis
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@OrinKerr “your goal is to tell the professor that you can see
exactly what they were thinking when they wrote the question”
Is it too late to tell you now for my crim law final?
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Feedback is especially welcome on this from other law professors, especially if you think I got something wrong or missed something important. Thanks.
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@OrinKerr On day one of civil procedure last year, my professor assigned your essay on how to read a legal opinion. It was incredibly helpful as someone who had absolutely no exposure to legal writing prior to law school. Looking forward to reading this one!
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@OrinKerr Thank you. Now I can send this to my students
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NEW ESSAY: "How to Excel on Law School Essay Exams: A Guide for Students"
https://t.co/ryoIuk2fEs
I get this question a lot, and I have been meaning to write on it. I finally did, expanding an old blog post on this. Comments invited! https://t.co/SiGiKRtsJD
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I'm about to post an essay for law students on how to excel on law school exams. Should have it up within the hour. I hope it's helpful.
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"It was the essence of creativity."
https://t.co/eARYExmujG https://t.co/aObVAWnSkP
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If you're an engineer or other STEM major starting law school this fall, this old blog post might be helpful.
https://t.co/OQjGKvX69j https://t.co/bdkCDQOkw3
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I don't know if that particular rumor was true. But I take it there was always an elevated risk of cheating with take-homes. The counter was to not have take-home exams: That being more obvious today, with the elevated risk of AI cheating, is a call for profs to change.
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Take-home exams are a good example. I have never assigned a take-home exam because, when I was a 1L, there were rumors that students in another 1L section with take-home exams had cheated on exams. According to the rumor, they met as a group to discuss the questions.
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@OrinKerr The MEANS rea!!! https://t.co/mQr79KC8eI
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@OrinKerr Will make it harder to prosecute when someone finally tests the Yellowstone Park loophole.
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@OrinKerr In 2012 as a 3rd year lawyer, I did a federal trial in VT. The gov alleged that the defendant drove a parent with child from VA to Canada to dodge custody orders in VA and VT. I argued that trial had to take place where criminal conduct occurred. That could be VA, NY, o
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I recently listened to the oral argument in an important case on venue for federal criminal prosecution, Abouammo v. United States, argued March 30th.
Federal venue is interesting for crim law nerds because it follows the Model Penal Code's breakdown of the types of elements.
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BTW, for those curious about the law of stop and frisk before Terry v. Ohio, the Ohio Court of Appeals ruling in 1966, on the way to SCOTUS, is a pretty interesting read on this. https://t.co/ZQzazpDqLs
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Anyway, lots of interesting issues if the Court is interested. But who knows if they're interested. /end
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I assume the government would argue that Garner's argument applies to frisks: The need for officers to check for weapons is different in a world where people stopped may have guns than it was in 1791.
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Consider TN v. Garner (1985), the "fleeing felon" case. In Garner, SCOTUS overturned the common law rule that officers could kill fleeing felons in part on the ground that guns changed everything. having guns changed the effect of the old rule. https://t.co/zFvCeljZuD https://t.c
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3) An additional question from an originalist perspective is what to do with technological change. At common law, it was rare for people stopped to be carrying guns; today, though, that's not uncommon. Should that difference matter?
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If you're going to make an originalist argument that there was no such justification to search in 1791, do you also need to also argue that a patdown would have been understood as a search in 1791?
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2) One potential problem with the Scalia view (that the petition advocates) is that it imports the modern definition of what is a search. That is, it assumes Terry's 1968 holding that the frisk as a search that needs to be separately justified.
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Some thoughts:
1) There are a bunch of originalist arguments against current police power that are out there, and this is one. Whether there are four votes to take up the issue, I don't know, although the Court did call for a response so there's at least non-zero interest.
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Interesting cert petition: Should the Supreme Court overturn Terry v. Ohio's "frisk" authority, on the originalist ground that there was apparently no equivalent legal authority in 1791?
A few thoughts below.
https://t.co/CaEKrSdGD8 https://t.co/3NTx1lGUZy
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Rispetto ad account della stessa dimensione
13 post degli ultimi 90 giorni, accanto alla fascia di 100K–1M follower. copertura nella norma per la sua dimensione, reazione più debole della media.
Visualizzazioni mediane1 700questo account5 983mediana per 100K–1M
Copertura, %1.31%questo account1.49%mediana per 100K–1M
Interazione, %0.55%questo account0.93%mediana per 100K–1M
| Metrica | Questo account | Mediana per 100K–1M | Rapporto |
|---|---|---|---|
| Visualizzazioni mediane per post | 1 700 | 5 983 | 0.28× |
| Copertura (visualizzazioni ÷ follower) | 1.31% | 1.49% | 0.88× |
| Tasso di interazione | 0.55% | 0.93% | 0.59× |
Altri account di questa fascia → Confronta con un altro account → Come sono costruiti questi parametri →
Growth & engagement
How the posts we collected actually performed: views and reaction rate post by post, what the audience did with them, and where the follower count goes.
Views per post
1.5K11 Jun
3K31 Aug
1.7K
364
6.3K2 Sep
4.5K
9.5K
45.8K
511
7073 Sep
17.2K
829
74
18
Last 14 collected posts, oldest on the left. The scale is logarithmic: one post can outrun the rest a hundred times over.
Engagement rate per post
0.65%11 Jun
0.44%31 Aug
0.53%
0.55%
0.99%2 Sep
0.51%
1.62%
1.05%
0.20%
0.99%3 Sep
0.38%
0.72%
2.70%
0.00%
Reactions — likes, reposts, replies and quotes — divided by views. Median for 100K–1M accounts is 0.93%.
What the audience does
Likes53.2%1 113 in total
Reposts5.2%109 in total
Replies3.2%68 in total
Quotes0.6%12 in total
Bookmarks37.8%792 in total
Share of every reaction we collected for this account. Replies mean argument, reposts mean endorsement, bookmarks mean the post was worth keeping.
The follower curve appears once this account has two daily snapshots — we take one a day, and this one is on its first.
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