Orin Kerr
{{Short description|American legal scholar (born 1971)}}
{{Infobox academic
| name = Orin Kerr
| image = Orin Kerr 2016.jpg
| caption = Kerr in 2016
| birth_name = Orin Samuel Kerr
| birth_date = {{birth date and age|1971|6|2}}
| birth_place = New York, U.S.
| death_date =
| death_place =
| education = Princeton University (BSE)
Stanford University (MS)
Harvard University (JD)
| workplaces =
| discipline = Cybercrime
}}
Orin Samuel Kerr (born June 2, 1971){{Cite news|url=https://nytimes.com/2012/03/11/fashion/weddings/ainsley-fuhr-orin-kerr.html|title=Ainsley Fuhr and Orin Kerr|newspaper=The New York Times|date=11 March 2012}} is an American legal scholar 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. He has been a professor of law at Stanford Law School since 2025. Kerr is one of the contributors to the law-oriented blog titled The Volokh Conspiracy.
Early life and education
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.{{
Cite tweet
| author=Orin Kerr
| number=1380318507284373505
| title=This is my dad, a Holocaust survivor, telling one story of lucky survival in the concentration camps
| user=OrinKerr
After graduating from Tower Hill School in Wilmington, Delaware, in 1989,Atkins, Hugh. "Orin Kerr '89: Author, Blogger, Musician and Teacher". [http://www.towerhill.org/ftpimages/213/misc/misc_101623.pdf Tower Hill Bulletin, vol. 48, no. 1 (Spring/Summer 2011)]. Retrieved 2013-10-24. 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.[http://www.law.gwu.edu/SiteCollectionDocuments/CV/Orin_Kerr.pdf Orin S. Kerr curriculum vitae.] {{Webarchive|url=https://web.archive.org/web/20130330191249/http://www.law.gwu.edu/SiteCollectionDocuments/CV/Orin_Kerr.pdf |date=2013-03-30 }} [http://www.gwu.edu/ George Washington University.] Retrieved 2013-10-24.
Career
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.
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.Kerr, Orin. [http://www.volokh.com/2013/07/24/supreme-court-clerks-ten-years-later/ "Supreme Court Clerks, Ten Years Later".] [http://www.volokh.com/ The Volokh Conspiracy.] 2013-07-24. Retrieved 2013-10-24. 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;Kerr, Orin. [http://www.volokh.com/2009/06/05/blogging-break-4/ "Blogging Break:".] [http://www.volokh.com/ The Volokh Conspiracy.] 2009-06-05. Retrieved 2013-10-24. a year later, he again served as an advisor to Cornyn, this time on the Supreme Court confirmation of Elena Kagan.Gerstein, Josh. [https://web.archive.org/web/20100529162736/http://www.politico.com/blogs/joshgerstein/0510/Kerr_to_advise_Cornyn_on_Kagan.html "Kerr to advise Cornyn on Kagan".] [https://www.politico.com/ Politico.] 2010-05-12. Retrieved 2013-10-24.
Kerr was one of the lawyers for alleged MySpace "cyberbully" Lori Drew.Kerr, Orin. [http://volokh.com/posts/1251601962.shtml "Lori Drew Opinion Handed Down – Judge Grants Motion To Dismiss on Vagueness Grounds".] The Volokh Conspiracy. 2009-08-29. Retrieved 2016-07-19. 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.,529 F.3d 892 (9th Cir. 2008)Kerr, Orin. [http://volokh.com/posts/chain_1213821576.shtml "Ninth Circuit Finds Fourth Amendment Protection in Text Messages".] The Volokh Conspiracy. 2008-06-18. Retrieved 2016-07-19. 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.Davis v. United States, [https://www.supremecourt.gov/opinions/10pdf/09-11328.pdf 564 U.S. ___], 131 S. Ct. 2419, 2423–24 (2011).
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.{{Cite news|url=https://blogs.wsj.com/law/2015/03/31/study-casts-doubt-on-kantian-link-to-bulgarian-law/|title=Study Casts Doubt on Kantian Link to Bulgarian Law|last=Gershman|first=Jacob|date=March 31, 2015|work=Wall Street Journal|access-date=October 21, 2016}}
=Academia=
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.[https://www.loc.gov/today/pr/2012/12-119.html "Orin Kerr Named Scholar in Residence at Law Library of Congress".] [https://www.loc.gov/index.html Library of Congress.] {{webarchive|url=https://web.archive.org/web/20110103020046/http://www.loc.gov/index.html|date=January 3, 2011}} 2012-06-06. Retrieved 2013-10-24. 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.
Selected works
=Articles=
- {{cite journal |last1=Kerr |first1=Orin S. |title=Internet Surveillance After the USA Patriot Act: The Big Brother That Isn't |journal=Northwestern University Law Review |date=2003 |volume=97 |issue=2 |pages=607–74 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=317501 }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=Cybercrime's Scope: Interpreting Access and Authorization in Computer Misuse Statutes |journal=New York University Law Review |date=2003 |volume=78 |issue=5 |pages=1596–1668 |url=https://nyulawreview.org/issues/volume-78-number-5/cybercrimes-scope-interpreting-access-and-authorization-in-computer-misuse-statutes/ }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution |journal=Michigan Law Review |date=2004 |volume=102 |issue=5 |pages=801–88 |url=https://repository.law.umich.edu/mlr/vol102/iss5/1/ |jstor=4141982 }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=A User's Guide to the Stored Communications Act, and a Legislator's Guide to Amending It |journal=George Washington University Law Review |date=2004 |volume=72 |issue=6 |pages=1208–43 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=421860 }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=Searches and Seizures in a Digital World |journal=Harvard Law Review |date=2005 |volume=119 |issue=2 |pages=531–68 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=697541 |jstor=4093493 }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=Four Models of Fourth Amendment Protection |journal=Stanford Law Review |date=2007 |volume=60 |issue=2 |pages=503–52 |url=https://www.stanfordlawreview.org/wp-content/uploads/sites/3/2010/04/Kerr.pdf }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=The Case for the Third-Party Doctrine |journal=Michigan Law Review |date=2009 |volume=107 |issue=4 |pages=561–602 |url=https://repository.law.umich.edu/mlr/vol107/iss4/1/ |jstor=40379829 }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=An Equilibrium-Adjustment Theory of the Fourth Amendment |journal=Harvard Law Review |date=2011 |volume=125 |issue=2 |pages=476–543 |url=https://harvardlawreview.org/print/vol-125/an-equilibrium-adjustment-theory-of-the-fourth-amendment/ }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=The Mosaic Theory of the Fourth Amendment |journal=Michigan Law Review |date=2012 |volume=111 |issue=3 |pages=311–54 |url=https://repository.law.umich.edu/mlr/vol111/iss3/1/ }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=Katz Has Only One Step: The Irrelevance of Subjective Expectations |journal=University of Chicago Law Review |date=2015 |volume=82 |issue=1 |pages=113–34 |url=https://lawreview.uchicago.edu/online-archive/katz-has-only-one-step-irrelevance-subjective-expectations }}
- {{cite journal |last1=Kerr |first1=Orin S. |author-mask=1 |title=Norms of Computer Trespass |journal=Columbia Law Review |date=2016 |volume=116 |issue=4 |pages=1143–84 |url=https://www.columbialawreview.org/content/norms-of-computer-trespass/ }}
See also
References
{{Reflist}}
External links
- [http://bloggingheads.tv/diavlogs/335 Video debate/discussion with Kerr] and Marty Lederman on Bloggingheads.tv
- [http://hlrecord.org/?p=10987|Orin Kerr says online privacy has gone too far] in the Harvard Law Record
- {{C-SPAN|88124}}
{{Authority control}}
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Category:20th-century American lawyers
Category:21st-century American lawyers
Category:American legal scholars
Category:Computer law scholars
Category:First Amendment scholars
Category:George Washington University Law School faculty
Category:Harvard Law School alumni
Category:Law clerks of the Supreme Court of the United States
Category:Princeton University alumni
Category:Stanford University alumni
Category:United States Senate lawyers
Category:USC Gould School of Law faculty
Category:Writers from New York (state)
Category:Writers from Wilmington, Delaware
Category:Tower Hill School alumni