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Orin Kerr Profile picture
@OrinKerr
Sep 24, 2021 • 9 tweets • 3 min read • Read on X
Scrolly
Lease agreements in 1791 were pretty cool. A quick thread.
Opening it.
Fully opened.
Close up 1.
Close up 2.
Close up 3.
I gather it's a lease that is part of a lease-and-release, as it's just symbolic consideration, only 5 shillings for a year. nottingham.ac.uk/manuscriptsand…
As I understand it, the lease-and-release was a way to hide the transfer of property. It divided sales into two parts, first a lease (for peppercorn consideration), then a release (for the rest), so neither was a full sale that needed to be made public.
nottingham.ac.uk/manuscriptsand…
CC; @mollyxbrady, who probably knows a lot about this kind of stuff. :)

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More from @OrinKerr

Orin Kerr Profile picture
May 14
It's relatively easy for law schools to create a culture that values teaching, as professors interact w/students every day & get teaching evaluations. But a common question for law professors, & especially associate deans: How can you create a culture that values scholarship? 🧵
No easy answers, but I suspect the biggest thing is by example; showing that it's valued. A few (among many) possible examples:

(1) By the Dean and Associate Dean attending the faculty workshop. Leadership being involved in the scholarly process sends a big signal of values.
(2) Having the school's website and social media accounts flag new scholarship by the faculty. Again, it's a signal of values; we think this is important.
Read 8 tweets
Orin Kerr Profile picture
May 12
I not a grand constitutional theorist, and I don't really believe in grand constitutional theory, but @espinsegall asks an interesting question on his latest podcast: If you're a non-originalist, what is the best argument for originalism?

🧵
It seems to me that the best argument runs something like this. If the Constitution were easy to amend—such that our fundamental law reflected current clear majority views of public opinion—most people would be originalists.
In that hypothetical, the Constitution would tend to reflect current views, and it would seem pretty natural to interpret the Constitution based on backward-looking questions like original public meaning.
Read 9 tweets
Orin Kerr Profile picture
Apr 19
Among the new demands issued by student "Berkeley Law for Palestine" group after Chemerinsky/Fisk dinner: Correct Erwin Chemerinsky's understanding of the First Amendment. Image
Some UC Assistant General Counsel goes to library, gets First Amendment book for an expert's view... Image
Or perhaps instead looks for a law school course to study the matter more in depth this summer.....
law.berkeley.edu/php-programs/c…
Image
Read 6 tweets
Orin Kerr Profile picture
Dec 13, 2023
NOTABLE: Google announces dramatic changes to its "location history" function that should nullify all geofence warrants going forward—and I wouldn't be surprised if that is the point. Code is law, as they say.
(h/t ) blog.google/products/maps/…
fourthamendment.com
Image
As I read this, Google will no longer keep geolocation data even for the subset of users that turn on location history. The data will only be stored locally. Geofence warrants are used when the govt has no suspects, to get some leads, so this will likely defeat the technique.
There's a very important surveillance story to be written on how Google came to this decision. I hope we'll get to read it, I'd be very interested to know.
Read 4 tweets
Orin Kerr Profile picture
Aug 16, 2023
I'm reading the newly-released transcript of Twitter's proceedings before Judge Howell on Twitter's compliance with the warrant for Trump's account. Here are thoughts as I go.
dcd.uscourts.gov/sites/dcd/file…
First, this should be good. The lawyers are experienced lawyers from WilmerHale, and Judge Howell knows more about the Stored Communications Act than any other district judge. This is no one's first rodeo.
p. 6, Howell is starting off frustrated with Twitter. Image
Read 16 tweets
Orin Kerr Profile picture
Aug 3, 2023
“A lot of times he’ll tell me that he lost, but he wants to keep fighting it, and he thinks that there might be enough to overturn the election." -- Mark Meadows on Trump, November 18, 2022, according Cassidy Hutchinson.
One interesting thing about the latest Trump indictment is that it doesn't detail reports that Trump admitted he lost, leading some to suggest that they have no such evidence. But it not being detailed doesn't mean it doesn't exist. cnn.com/2023/06/06/pol…
More. https://t.co/ZnFQ6huEGCnews.yahoo.com/trump-admitted…
Image
Read 5 tweets

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