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Articles 1 - 6 of 6
Full-Text Articles in Law
State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon
State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon
Maine Law Review
Darrell Thurston and Suzanne Harmon were romantically involved on an intermittent basis for five years and had one child together. As a result of an altercation that took place at Harmon’s home in Sullivan, Maine, on September 27, 2007, between Thurston and Harmon, Thurston was charged with assault, criminal mischief, and obstructing report of crime or injury. The testimony during the trial illuminated the major factual differences between Thurston’s and Harmon’s accounts of the night the incident took place. Thurston requested a self defense jury instruction based on his version of what had happened, which the trial court ultimately denied. …
Pokémon Go Away: Augmented Reality Games Pose Issues With Trespass And Nuisance, Kate Motsinger
Pokémon Go Away: Augmented Reality Games Pose Issues With Trespass And Nuisance, Kate Motsinger
San Diego Law Review
To illustrate the necessity of a permanent remedy—a virtual prescriptive easement—this Comment begins by exploring the origins of AR games in Part II and providing an overview of the mechanics of the most popular AR mobile game, Pokémon Go, as well as the types of AR games and technology currently in development. Part III then considers different causes of action that individuals might bring against creators of AR mobile games under the doctrines of trespass and nuisance, respectively. After weighing the merits and pitfalls of each claim in Part III, this Comment submits that a virtual prescriptive easement is the …
Unforgiving Of Those Who Trespass Against U.S.: State Laws Criminalizing Immigration, Karla M. Mckanders
Unforgiving Of Those Who Trespass Against U.S.: State Laws Criminalizing Immigration, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and Safe Neighborhoods Act. SB 1070 creates crimes involving trespassing by “illegal aliens” and harboring or concealing unlawful aliens. This paper argues that state trespass laws that criminalize unlawful presence of immigrants are unconstitutional regulations of immigration and are a preempted exercise of state power. In evaluating the constitutionality of state trespass laws that criminalize immigration status, this paper proceeds in three parts. The first part of the paper …
Ineffective Assistance Of Counsel
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
St. Mary's Law Journal
In State v. Hobbs, the Texas Fourth Court of Appeals held a warrantless intrusion by police onto private property to obtain evidence constitutes criminal trespass under Section 30.05 of the Texas Penal Code. The resulting evidence falls within the exclusionary rule and this article considers whether this protection, which goes beyond constitutional guarantees, is necessary or desirable. The first part of this paper reviews existing federal and state constitutional protections against unreasonable searches. Next, the paper analyzes the history and purpose of criminal trespass and the exclusionary rule in Texas. Finally, the paper considers a question the court of appeals …
Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.
Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.
Michigan Law Review
Defendants, Negroes, entered a section of a private restaurant designated to be for "White" patrons only. Although they were denied service, they refused to comply with the proprietor's request to leave. Defendants were subsequently arrested by a police officer after declining his offer not to arrest if they would depart, and were tried for violation of the state's criminal trespass statutes. They were found guilty of a misdemeanor. On appeal, held, sustained. Defendants have no constitutionally protected right not to be discriminated against by an operator of a private enterprise. State v. Clyburn, 247 N.C. 455, 101 S.E. …