Document Type
Article
Publication Date
10-30-2011
ISSN
0010-1958
Publisher
Columbia Law School
Language
en-US
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
Robert L. Tsai & Nelson Tebbe,
Notes on Borrowing and Convergence
,
in
111
Columbia Law Review Sidebar
140
(2011).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3163
