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Article
Notes on Borrowing and Convergence
Columbia Law Review Sidebar
  • Robert Tsai, American University Washington College of Law
  • Nelson Tebbe, Cornell Law School
Document Type
Article
Publication Date
1-1-2011
Journal

Columbia Law Review Sidebar

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.

Citation Information
Robert Tsai and Nelson Tebbe. "Notes on Borrowing and Convergence" Columbia Law Review Sidebar Vol. 111 (2011)
Available at: http://works.bepress.com/robert_tsai/95/