The Harvard Law Review has just posted the final version of my response to Professor Slobogin’s critique of my recent article, An Equilibrium-Adjustment Theory of the Fourth Amendment. Here’s a short excerpt from my response, Defending Equilibrium-Adjustment: Equilibrium-adjustment is not originalism. It is a theory of maintaining the status quo balance of power, not an […]
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Defending Equilibrium Adjustment
As a follow-up to my recent article, An Equilibrium-Adjustment Theory of the Fourth Amendment, 125 Harv. L. Rev. 476 (2011), the editors of the Harvard Law Review published a short response to the article by Professor Christopher Slobogin, An Original Take on Originalism, 125 Harv. L. Rev. F. 14 (2011). Professor Slobogin contends that equilibrium-adjustment […]
An Equilibrium-Adjustment Theory of the Fourth Amendment: The Basic Idea
I recently posted a new draft of my latest article, An Equilibrium-Adjustment Theory of the Fourth Amendment, which recently was accepted for publication in the Harvard Law Review. In this post, I wanted to summarize the argument for readers who don’t feel like wading through 60 pages of law review writing. Here’s the basic idea. […]