Decryption Originalism: The Lessons of Burr
Vol. 134 No. 3
The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device....
Author
Orin S. Kerr
Cross-Enforcement of the Fourth Amendment
Vol. 132 No. 2
This Article considers whether government agents can conduct searches or seizures to enforce a different government’s law. For example, can federal officers make stops...
Defending Equilibrium-Adjustment
Responding to Christopher Slobogin, An Original Take on Originalism, 125 Harv. L. Rev. F. 14 (2011)
Response to An Original Take on Originalism
Vol. 125 No. 2
An Equilibrium-Adjustment Theory of the Fourth Amendment
Vol. 125 No. 2
Fourth Amendment law is often considered a theoretical embarrassment. The law consists of dozens of rules for very specific situations that seem to lack a coherent explanation. Constitutional protection varies dramatically based on seemingly arcane distinctions.
This Article introduces a new theory that explains and justifies both the structure and content of Fourth Amendment rules: the theory of equilibrium-adjustment.