How important is the right to exclude? The last video offered an example of a court treating it as extremely important. This video discusses a different court's contrasting vision, which emphasizes the relativity of property rights and the need to balance them against other interests. The opinion, State v. Shack, also raises important issues about the judicial role.
Other videos in this series are available here: https://www.youtube.com/playlist?list=PLkCEcqpQXg8AmUMAUmwa38_hCCq2tCsrz
0:00 Introduction
0:30 The facts of State v. Shack
1:05 A different view of property rights
2:30 Reconcile with the last case?
4:10 What's going on? Finding law or making it?
5:15 Is there a rule?
6:00 Courts v. Legislatures
6:20 Rules v. Standards
7:45 A safety valve?
