Defending Equilibrium Adjustment
Orin S. Kerr
George Washington University - Law School
March 5, 2012
Harvard Law Review, Vol. 125, 2012
GWU Legal Studies Research Paper No. 2012-28
GWU Law School Public Law Research Paper No. 2012-28
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.
Number of Pages in PDF File: 9
Keywords: fourth amendmentAccepted Paper Series
Date posted: March 5, 2012 ; Last revised: March 28, 2012
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