CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, March 20, 2012

Kerr on Slobogin on Kerr on Interpreting the Fourth Amendment

Kerr orinOrin S. Kerr (George Washington University - Law School) has posted Defending Equilibrium Adjustment (Harvard Law Review, Vol. 125, 2012) on SSRN. Here is the abstract:

This short article for the Harvard Law Review Forum replies to an essay by Professor Christopher Slobogin, An Original Take on Originalism, 125 Harv. L. Rev. F. 14 (2011), which was itself a response to a recent article, Orin S. Kerr, An Equilibrium-Adjustment Theory of the Fourth Amendment, 125 Harv. L. Rev. 476 (2011). In this reply, Professor Kerr explains why equilibrium-adjustment is not originalism, and shows how originalist and non-originalist approaches to interpreting the Fourth Amendment can coexist using equilbrium adjustment.

| Permalink


Post a comment