Abstract

http://ssrn.com/abstract=2213947
 


 



Keeping Up with the Joneses: Making Sure Your History Is Just as Wrong as Everyone Else's


Brian Sawers


Ohio State University (OSU) - Michael E. Moritz College of Law

February 7, 2013

Michigan Law Review First Impressions, Vol. 111, p. 21, February 2013

Abstract:     
Both the majority and concurring opinions in United States v. Jones are wrong about the state of the law in 1791. Landowners in America had no right to exclude others from unfenced land. Whether a Fourth Amendment search requires a trespass or the violation of a reasonable expectation of privacy, government can explore open land without a search warrant.

In the United States, landowners did not have a right of action against people who entered open land without permission. No eighteenth-century case shows a remedy for mere entry. Vermont and Pennsylvania constitutionally guaranteed a right to hunt on open land. In several other states, statutes regulating hunting implied a public right to hunt on (and, by implication, enter) unfenced land.

Number of Pages in PDF File: 6

Keywords: Fourth Amendment, open fields doctrine, trespass

JEL Classification: K11

Accepted Paper Series


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Date posted: February 9, 2013  

Suggested Citation

Sawers, Brian, Keeping Up with the Joneses: Making Sure Your History Is Just as Wrong as Everyone Else's (February 7, 2013). Michigan Law Review First Impressions, Vol. 111, p. 21, February 2013. Available at SSRN: http://ssrn.com/abstract=2213947

Contact Information

Brian Sawers (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
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