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Legal Commentary

: Prawfs

Good to be back

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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Thanks to the nice people at Prawfs for letting me crash on the couch for another month.  I'm glad to be back blogging after a long lay-off.

It's probably because I'm trying to write a Criminal Procedure casebook that being a guest blogger puts me in mind of Justice White's opinion for the Court in Minnesota v. Olson, 495 U.S. 71 (1990):


"Staying overnight in another's home is a longstanding social custom that serves functions recognized as valuable by society. We stay in others' homes when we travel to a strange city for business or pleasure, when we visit our parents, children, or more distant relatives out of town, when we are in between jobs or homes, or when we house-sit for a friend. We will all be hosts and we will all be guests many times in our lives. From either perspective, we think that society recognizes that a houseguest has a legitimate expectation of privacy in his host's home."



I agree with the Court's conclusion in this case, but I've always found Justice White's trumpeting of crashing at someone else's house just this side of ridiculous.  I'm getting a sense he rarely imposed on friends when he was on the road....

Full post as published by Prawfs on February 02, 2009 (boomark / email).

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