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New Draft Article: "Popular Conceptions of Fourth Amendment Curtilage"

The Supreme Court says everyone knows this. We decided to ask people.

Orin S. Kerr | 5.14.2026 4:12 PM

I'm very happy to post a draft of a new article, "Popular Conceptions of Fourth Amendment Curtilage," written together with my co-author Matthew Kugler, forthcoming in the Michigan Law Review.

The article picks up an idea I first pondered here at the Volokh Conspiracy back in 2018. The Supreme Court interprets the Fourth Amendment to extend the privacy of the home beyond the home's walls to an outside space it calls "curtilage," and it insists that what counts as curtilage, and the implied license to enter it, is intuitive and widely known.........

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