Tuesday, May 25, 2010
Orin S. Kerr (George Washington University - Law School) has posted Defending the Third-Party Doctrine: A Response to Epstein and Murphy (Berkeley Technology Law Journal, Vol. 24, 2009) on SSRN. Here is the abstract:
This is a brief response to papers by Richard Epstein and Erin Murphy on the third-party doctrine of Fourth Amendment law. Epstein's paper was published as Richard A. Epstein, Privacy and the Third Hand: Lessons from the Common Law of Reasonable Expectations, 24 Berkeley Tech. L.J. 1199 (2009). Murphy's paper was published as Erin Murphy, The Case Against the Case for Third-Party Doctrine: A Response to Epstein and Kerr, 24 Berkeley Tech. L.J. 1239 (2009).