{"id":11711,"date":"2014-05-25T18:15:50","date_gmt":"2014-05-25T23:15:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11711"},"modified":"2014-05-25T18:16:12","modified_gmt":"2014-05-25T23:16:12","slug":"new-law-review-article-the-evolution-of-the-right-to-exclude-more-than-a-property-right-a-privacy-right","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11711","title":{"rendered":"New Law Review Article: The Evolution of the Right to Exclude — More than a Property Right, a Privacy Right"},"content":{"rendered":"

The Evolution of the Right to Exclude — More than a Property Right, a Privacy Right<\/a>, Jace C. Gatewood, 32 Miss. C. L. Rev. 447 (2014). Abstract: <\/p>\n

More than two hundred years ago, William Blackstone defined the right of property as \u201cthat sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.\u201d This concept, commonly referred to as the Right to Exclude, has been arguably one of the most significant and essential elements in defining our understanding of what constitutes property in the United States. Since Blackstone\u2019s description of property in the mid-eighteenth century, the right to exclude others has emerged as the single most important factor in determining the existence of private property. Historically, the right to exclude concerns the relationship between people with respect to things, \u201csuch that the so-called owner can exclude others from certain activities or permit others to engage in those activities and in either case secure assistance of the law in carrying out this decision.\u201d But, from a present-day perspective, the right to exclude is so much more than a property right that defines the existence of private property and the relationships between owners and things. It is a right that has evolved beyond the legal constructs of traditional property law to also encompass legal entitlements and benefits possessed by one person over another irrespective of the legal relationship between such person and the thing in which the right is claimed. This Article explores the evolution of right to exclude beyond being an essential and fundamental property right associated primarily with interests in \u201cthings\u201d (i.e., in rem conception of property rights) to also being the societal compass that helps form reasonable expectations of privacy that guide us in our dealings and relationships with one another (i.e., in personam conception of property rights). This Article also addresses how this new understanding of the right to exclude may be used to resolve expanding privacy concerns, particularly in the wake of advanced surveillance technology.<\/p><\/blockquote>\n

[Law review articles are reviewed by Prof. Andrew G. Ferguson, UDC School of Law.]<\/p>\n","protected":false},"excerpt":{"rendered":"

The Evolution of the Right to Exclude — More than a Property Right, a Privacy Right, Jace C. Gatewood, 32 Miss. C. L. Rev. 447 (2014). Abstract: More than two hundred years ago, William Blackstone defined the right of property … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-11711","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11711","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11711"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11711\/revisions"}],"predecessor-version":[{"id":11713,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11711\/revisions\/11713"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11711"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11711"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11711"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}