Fifth Amendment
Decryption Originalism: The Lessons of Burr
All work by
Orin S. Kerr
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Criminal Procedure
Cross-Enforcement of the Fourth Amendment
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Harvard Law Review Forum
Defending Equilibrium-Adjustment
Responding to Christopher Slobogin, An Original Take on Originalism, 125 Harv. L. Rev. F. 14 (2011)
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Constitutional Theory
An Equilibrium-Adjustment Theory of the Fourth Amendment
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…