Orin S. Kerr, Author at Harvard Law Review

Fifth Amendment Articles

Decryption Originalism: The Lessons of Burr

Vol. 134 No. 3 January 2021 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....

Orin S. Kerr

Criminal Procedure Articles

Cross-Enforcement of the Fourth Amendment

Vol. 132 No. 2 December 2018 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...

Orin S. Kerr

Constitutional Law Response

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 May 2012

Orin S. Kerr

Constitutional Law Articles

An Equilibrium-Adjustment Theory of the Fourth Amendment

Vol. 125 No. 2 December 2011 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.

Orin S. Kerr