Privacy

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84.4
The Myth of Fourth Amendment Circularity
Matthew B. Kugler
Assistant Professor, Northwestern University Pritzker School of Law

The authors thank Jane Bambauer, Tim Casey, Adam Chilton, Shari Seidman Diamond, Tom Ginsburg, Daniel Hemel, Bert Huang, Aziz Huq, Orin Kerr, Joshua Kleinfeld, Andy Koppelman, Genevieve Lakier, Katerina Linos, Jonathan Masur, Richard McAdams, Janice Nadler, Martha Nussbaum, Laura Pedraza-Fariña, Michael Pollack, Uriel Procaccia, John Rappaport, Richard Re, Victoria Schwartz, Christine Scott-Hayward, Nadav Shoked, Chris Slobogin, Deborah Tuerkheimer, Matt Tokson, and Laura Weinrib, as well as workshop participants at Northwestern University Law School, the University of Chicago Law School, the American Law and Economics Association conference, and the Privacy Law Scholars Conference for comments on earlier drafts, the Carl S. Lloyd Faculty Fund for research support, and Michelle Hayner for helpful research assistance.

Lior Jacob Strahilevitz
Sidley Austin Professor of Law, University of Chicago
It is very difficult to find any proposition in Fourth Amendment law to which every judge, lawyer, and scholar subscribes.
Empirical Analysis Fourth Amendment Privacy
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83.3
The Original Fourth Amendment
Laura K. Donohue
Professor of Law, Georgetown University Law Center.

Special thanks to Randy Barnett, Morgan Cloud, Julie Cohen, William Cuddihy, Jennifer Daskal, Thomas Davies, Daniel Ernst, Erin Kidwell, Martin Lederman, John Mikhail, Paul Ohm, James Oldham, Julie O’Sullivan, Michel Paradis, Brad Snyder, Geoff Stone, William Treanor, and Peter Winn, who provided thoughtful comments on earlier versions of the Article. Ladislas Orsy kindly helped to verify the meaning of the original Latin texts. My appreciation extends to participants at the Georgetown Law faculty workshop, Georgetown Law’s Constitutional Law Seminar, the 2015 Berkeley-GW 8th Annual Privacy Law Scholars Conference, the Washington, DC National Security Law Roundtable, and the Retired Partners Group at Arnold & Porter LLP for their critiques. Jeremy McCabe, Thanh Nguyen, Ellen Noble, and Morgan Stoddard kindly assisted in helping to obtain many materials. Betsy Kuhn copyedited the penultimate text, which is reflected in part in chapters four and five of my recently published book, The Future of Foreign Intelligence: Security and Privacy in a Digital Age (Oxford 2016). The editors at The University of Chicago Law Review dedicated time and effort to ensuring the quality of the final Article. It is much appreciated.

I.  Inherited Discourse

Fourth Amendment Freedom from Unreasonable Search and Seizure Legal History Originalism Privacy

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