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Defending Equilibrium Adjustment

9 Pages Posted: 5 Mar 2012 Last revised: 28 Mar 2012

Orin S. Kerr

University of Southern California Gould School of Law

Date Written: March 5, 2012


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

Kerr, Orin S., Defending Equilibrium Adjustment (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. Available at SSRN:

Orin S. Kerr (Contact Author)

University of Southern California Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States


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