Download This PaperDefending Equilibrium Adjustment
7 Pages Posted: 5 Mar 2012 Last revised: 19 Jul 2018
Date Written: March 5, 2012
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.
Keywords: fourth amendment
Suggested Citation: Suggested Citation
Kerr, Orin S., Defending Equilibrium Adjustment (March 5, 2012). 125 Harvard Law Review Forum 84 (2012), Available at SSRN: https://ssrn.com/abstract=2016020
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