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Reason
Reason
Eugene Volokh

Does Light Consist of "Object[s]"?

In HAC v. ER, decided in August by the Michigan Court of Appeals (Judges Sima Patel, Michael Riordan, and Brock Swartzle), petitioner had tried to get personal protection orders against his neighbors; the trial court rejected petitioner's claims, and the court of appeals affirmed.

Under the relevant Michigan law, such orders are generally issued when there's a finding of "stalking," which is defined as "continuing harassment," which in turn covers certain kinds of "continuing unconsented contact." Unconsented conduct is defined to include, among other things, "Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual."

Petitioner alleged various incidents of alleged harassment; the court mostly concluded that he hadn't introduced enough evidence supporting each, but the analysis as to one category of incidents struck me as more legally interesting:

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