Lawyers: What advice would you give an entering 1L about how to think about the law school experience?
My usual advice, FWIW, goes something like this: The 1L year immerses you in a strange world, and it's natural to feel lost at first. Give yourself at least a month or so just to acclimate, and keep an open mind about where it's all going. /1
Realize that everyone has their own way to deal with the pressures of law school, and that the people who seem to have it all figured out (and who want you to know it) likely have no idea what they're doing. /2
As the 1st semester goes on & you start thinking about exams, spend a lot of time with your professor's old exams and any exam answers the professor has. You're taking your prof as much as the formal subject, and profs are creatures of habit: Past is a good guide to future. /3
Go to office hours! You not only get good tips about what the prof is thinking, but you might actually enjoy it. And having a prof in your corner can help you someday, with job references and recommendations. /4
Finally, life is short. Law school is not just a path to get to some career goal, it's actually three years of your life. So enjoy it. Live, make friends. /end

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More from @OrinKerr

7 Jul
It's interesting that the Supreme Court in Torres v. Madrid opted for the "right to be secure" description of the 4th Amendment. As far as I can recall, that's a first for the Supreme Court.

Might be important. A thread.

supremecourt.gov/opinions/20pdf…
The idea that the 4A provides a "right to be secure" has been floating around 4A scholarship for the last 15 years. But as far as I know, the Supreme Court has never suggested it before. It has stuck to the constitutional text, which it seems to me is narrower.
I wrote a blog post on the "right to be secure" claim in 2017. At least in the scholarship, it it is used generally to argue for a broader application of the 4A. lawfareblog.com/fourth-amendme…
Read 8 tweets
6 Jul
It's common to object to the length of Supreme Court opinions. My own sense is that the typical length of majority opinions is about right. It's the separate opinions -- the concurrences and dissents -- that are often too long. Not always, of course, but often.
It's understandable how that plays out. When the dissent/concurrence is being written, it is a competing view of the law. But after it is decided -- that is, when it's public -- it's a view that isn't binding law, and so is a lot less important to folks than the majority opinion.
Dissents in particular can have a venting quality, where the author needs to say everything on the author’s mind and doesn’t have a majority to worry about.
Read 4 tweets
5 Jul
WANT TO SEE SOME FIREWORKS? I just uploaded a new draft essay, "Buying Data and the Fourth Amendment," on whether or how the 4A applies to buying records as an end-run around Carpenter. A quick read, only 13 pages.

Happy 4th [Amendment]!

Read it here:
papers.ssrn.com/sol3/papers.cf… Image
Substantive comments, reactions, and criticisms very welcome, as always, either here via Twitter or by email, orin [at] berkeley.edu. Thanks.
One paragraph I will add, in response to a few comments in just the last 20 minutes (Twitter FTW), is how current statutes regulate this. The Stored Communications Act prohibits giving/selling non-content records to the govt for many covered providers. /1
Read 4 tweets
24 Jun
Reading over the 4th Circuit's new mosaic-theory case, on the Baltimore aerial surveillance program, I'm struck by it being different from the mosaic theory of the Mass SJC in McCarthy, the ALPR case

A thread.
The two opinions start from similar premises. They both take the view that the 4th Amendment has a mosaic theory, and that, if enough information is revealed about a person, a search is deemed to occur.
The big question is always, how do you draw that line? If I'm interpreting the opinions correctly, the CA4 and Mass SJC draw the line *very differently.*
Read 6 tweets
24 Jun
Major 4th Amendment ruling from the en banc CA4: The specifics of Baltimore's aerial surveillance program -- how much it showed, and how long data was retained -- collected enough information that it is a 4A search and unconstitutional. #N
s3.documentcloud.org/documents/2097…
This is a strong endorsement of the mosaic theory, with the court accepting that "short term" surveillance is fine but that "long term" is not. If the judges feel the surveillance is revealing a lot of information about people, a line is crossed and the Constitution is violated.
They base their conclusion in part on an article that the plaintiffs submitted showing that if you have a view data points about where someone's phone goes, you can probably figure out who they are. (Yes, most people are at home at night.)
Read 9 tweets
24 Jun
Interesting essay on Chief Justice Roberts -- and conservative dislike of him -- from @whignewtons.

One point I would add is how much what a number of conservatives want in a Chief Justice has changed a lot since 2005.

Quick thread.

deseret.com/2021/6/22/2254…
In 2005, it was still the case that a very common view on the right was that the Supreme Court's role should be narrow. Roberts' focus on judicial restraint was a popular view in conservative legal circles.
It's hard to overstate how much the quick rethinking needed to coalesce around opposition to Obamacare changed conservative legal views. Opposition to Obamacare -- not just as policy, but belief in its unconstitutionality -- became a sort of litmus test of being conservative.
Read 4 tweets

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