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The Jones Trespass Doctrine And The Need For A Reasonable Solution To Unreasonable Protection, Geoffrey Corn
The Jones Trespass Doctrine And The Need For A Reasonable Solution To Unreasonable Protection, Geoffrey Corn
Arkansas Law Review
Each day that Houston drivers exit from Interstate 45 to drive to downtown Houston, they pass an odd sight. Nestled within some bushes is an encampment of tents. This encampment is very clearly located on public property adjacent to the interstate highway, and equally clearly populated by homeless individuals. While local police ostensibly tolerate this presence, at least temporarily, the sight frequently evokes an image in my mind of a police search of those tents. This thought is especially prominent on the days I am driving to my law school, South Texas College of Law Houston, to teach my federal …
Recent Developments, Peyton Hildebrand
Recent Developments, Peyton Hildebrand
Arkansas Law Review
In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors “counseled hesitation”—namely, …