Document Type
Article
Publication Date
2011
Journal
Columbia Law Review Sidebar
Volume
111
Abstract
his 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
Robert Tsai & Nelson Tebbe,
Notes on Borrowing and Convergence,
111
Columbia Law Review Sidebar
(2011).
Available at:
https://digitalcommons.wcl.american.edu/facsch_lawrev/1332
Included in
Criminal Procedure Commons, Fourth Amendment Commons, Jurisprudence Commons, Legal Remedies Commons, Supreme Court of the United States Commons, Torts Commons