Depoorter on Fair Trespass

Ben Depoorter (University of California Hastings College of Law) has posted Fair Trespass (Columbia Law Review, Vol. 111, No. 5, 2011) on SSRN. Here is the abstract:

Trespass law is commonly presented as a relatively straightforward doctrine that protects landowners against intrusions by opportunistic trespassers. Though widely supported in academic commentary and scholarship, this conventional viewpoint of trespass law lacks empirical and analytical grounding. In fact, the interests involved in trespass disputes often extend beyond the interests of a private landowner, affecting broad societal interests such as the free flow of information, public safety and health, and similar considerations.

This Essay attempts to align these observations with a doctrine more attuned to reality. To... [via Legal Theory Blog]