Document Type
Article
Publication Date
10-30-2011
Keywords
Exclusionary rule
Disciplines
Constitutional Law | Criminal Procedure | Fourth Amendment | Supreme Court of the United States | Torts
Abstract
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Recommended Citation
Tsai, Robert L. and Tebbe, Nelson, "Notes on Borrowing and Convergence," 111 Columbia Law Review Sidebar 140 (2011)
Included in
Constitutional Law Commons, Criminal Procedure Commons, Fourth Amendment Commons, Supreme Court of the United States Commons, Torts Commons
Comments
This article predates Nelson Tebbe's affiliation with Cornell Law School.