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OrinKerr's profile
Orin Kerr
Orin Kerr
Orin Kerr
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@OrinKerr

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Orin KerrVerified account

@OrinKerr

Law professor at Cal @BerkeleyLaw. https://www.law.berkeley.edu/our-faculty/faculty-profiles/orin-kerr/ …

Berkeley, California
OrinKerr.com
Joined March 2013

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    1. Orin Kerr‏Verified account @OrinKerr 30 Mar 2020

      Orin Kerr Retweeted Orin Kerr

      #Distraction I've been extremely fortunate that courts have looked favorably on my 2016 article, "Norms of Computer Trespass." And whenever a court relies on it, I think back to a comment made to me when I was on the lateral hiring market. (Quick thread.)https://twitter.com/OrinKerr/status/1244787807911985152 …

      Orin Kerr added,

      Orin KerrVerified account @OrinKerr
      Bypassing an authentication gate is required for access to be w/o authorization under the CFAA and violating TOS does not exceed authorized access, Judge Bates holds for the DDC. Sandvig v. Barr, 3/27/20. https://www.aclu.org/sites/default/files/field_document/sandvig_opinion.pdf … #N pic.twitter.com/JenlGdoEG8
      Show this thread
      1 reply 10 retweets 88 likes
      Show this thread
    2. Orin Kerr‏Verified account @OrinKerr 30 Mar 2020

      I was interviewing for a lateral position at a school and was presenting that paper for my jobtalk. It wasn't an ideal article to present at a snooty law school, as a paper like that can seem weirdly out of place there: It's about law. No "law and," just law.

      3 replies 0 retweets 37 likes
      Show this thread
      Orin Kerr‏Verified account @OrinKerr 30 Mar 2020

      During an interview, a prof said to me, somewhat apologetically, "I don't want you to take this the wrong way, but this is an article that a judge could use. The judge could have a hard case, and the judge could use it this to decide the case."

      9:33 PM - 30 Mar 2020
      • 2 Retweets
      • 99 Likes
      • Justice Brett Busby Caprice Roberts Spencer G Adil Haque Bruno Tomas, Holding... ... ... ... Jeff Baker FLFY Brandon V. Stracener Luisa Lee
      9 replies 2 retweets 99 likes
        1. Orin Kerr‏Verified account @OrinKerr 30 Mar 2020

          To which I responded, "Guilty as charged!" I mean, it's the most important statute in the field; if a judge is influenced by my approach, I confess, I am not ashamed of that, like, at all. So I get an extra laugh when a court relies on it. /end

          8 replies 3 retweets 132 likes
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        1. Rinku Mathew‏ @rinkumathew 30 Mar 2020
          Replying to @OrinKerr

          Was that meant as a criticism, compliment, or mere observation of the paper? And congrats, btw, for writing such a useful essay.

          0 replies 0 retweets 3 likes
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        1. New conversation
        2. dan sutton‏ @dan_sutton 30 Mar 2020
          Replying to @OrinKerr

          Do you know the “wrong way” to take this that the professor was worried about? It seems unambiguous praise to me?

          1 reply 0 retweets 6 likes
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        2. Chris Pagliarella‏ @pagliarella 30 Mar 2020
          Replying to @OrinKerr

          I'm not even sure how that could be an insult. You may as well say "I don't want you to take this the wrong way, but you're brilliant and insightful." Was there any element of disagreement with the paper's take behind this? Or just a strong preference for theory alone?

          1 reply 0 retweets 5 likes
        3. Orin Kerr‏Verified account @OrinKerr 31 Mar 2020
          Replying to @pagliarella

          In legal academia, especially at 'top' schools, it's considered a pretty harsh insult to call an article doctrinal. It implies the author isn't a serious academic. That article was much more doctrine-focused than the norm, and he was trying to recognize that w/o insulting me.

          0 replies 1 retweet 10 likes
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        1. Randall Eliason‏Verified account @RDEliason 31 Mar 2020
          Replying to @OrinKerr

          Probably the only greater sin is writing something that practicing lawyers might actually find useful.

          0 replies 1 retweet 6 likes
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        1. alexandra j. roberts‏ @lexlanham 31 Mar 2020
          Replying to @OrinKerr

          enjoying picturing @orinkerr get "law school is for people who are boring and ugly and serious. and you, button, are none of those things"'-ed

          0 replies 0 retweets 1 like
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        1. Zach Wolfe‏ @zachwolfelaw 31 Mar 2020
          Replying to @OrinKerr

          “This article could actually be useful in real life.” The ultimate insult.

          0 replies 0 retweets 6 likes
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