PROPERTY D SLIDES

1. PROPERTY D SLIDES 1-28-16 National Kazoo Day

2. Thursday Jan 28 Music: Cher, Gypsys, Tramps & Thieves (1971) Lunch Today Meet on Bricks @ 12:25 Arcidi * Beck * Dupree * Gavin Moss * Nowak * Nugent

3. Application of Shack DQ1.15: Extension to New Situations (Last Fri/Tue) Review Problems Rev. Prob 1A (Acadia & Badlands) (cont’d) Rev. Prob. 1B (Everglades & Olympic)

4. Rev. Prob. 1A (English Lessons) Acadia for Landowner Badlands for MWs/LON Acadia Sunrise Norbeck Pass

5. APPLYING SHACK: Problem 1A (Acadia/Badlands): Recap from Tuesday • G hires MWs to live on farm/pick peaches several weeks/year • LON = Non-profit corporation • Purpose is to help teach English to MWs and other agric. laborers. • Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete. Fact Comparison: Are the people the owner wishes to exclude sufficiently similar to the service workers allowed access to the farm in Shack that the owner should not be able to exclude them?

6. Problem 1A (Acadia/Badlands): • G hires MWs to live on farm and pick peaches for several weeks/year • LON = Non-profit corporation • Purpose is to help teach English to MWs and other agricultural laborers. • Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete. Specific Language: “[T]he employer may … not deprive the migrant worker of practical access to things he needs.” • Is greater familiarity with English something MWs “need”? • If G excluded LON, would G be depriving MWs of “practical access” to greater familiarity with English?

7. Problem 1A (Acadia/Badlands): • G hires MWs to live on farm and pick peaches for several weeks/year • LON = Non-profit corporation • Purpose is to help teach English to MWs and other agricultural laborers. • Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete. Policy: Protecting Owners’ Interests In what ways could LON potentially interfere with G’s legitimate interests?

8. Problem 1A (Acadia/Badlands): Policy: Protecting Owners’ Interests • In what ways could LON potentially interfere with G’s legitimate interests? • Less Rest/Sleep for Participating MWs • Less Rest/Sleep for Other MWs • Tension between Participating MWs & Others Is the potential interference sufficiently large that G should be able to exclude LON?

9. Problem 1A (Acadia/Badlands): • G hires MWs to live on farm and pick peaches for several weeks/year • LON = Non-profit corporation • Purpose is to help teach English to MWs and other agricultural laborers. • Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete. What other language from Shack might be useful in resolving this problem?

10. Application of Shack DQ1.15: Extension to New Situations (Last Fri/Tue) Review Problems Rev. Prob 1A (Acadia & Badlands) Rev. Prob. 1B (Everglades & Olympic) (Pork/Pizza)

11. EVERGLADES: Rev. Prob. 1B (Landowner) EGRET IN MANGROVE SWAMP

12. OLYMPIC: Rev. Prob. 1B (MWs) EEL GLACIER

13. Problem 1B (Everglades/Olympic) • A hires MWs to live on farm and pick vegetables for 5 wks/yr. • Provides “three good meals a day;” vending machines; coffee. • A converted to Islam & forbids pork products on site. • Common Sense Reading: “To ensure that she never comes into contact with pork products, Alyssa stopped serving themin her dining hall and forbade both temporary and permanent employees from bringing in any food from outside the farm….”

14. Problem 1B (Everglades/Olympic) • A hires MWs to live on farm and pick vegetables for 5 wks/yr • Provides “three good meals a day;” vending machines; coffee. • A converted to Islam & forbids pork products on site. • A wants to forbid access to pizza delivery where company uses pork products in many menu items. • Lots of obvious differences from Shack Dfdts • Use other tools to see if allow access anyway.

15. Problem 1B (Everglades/Olympic) • A hires MWs to live on farm and pick vegetables for 5 wks/yr • Provides “three good meals a day;” vending machines; coffee • A converted to Islam & forbids pork products on site • A wants to forbid access to pizza delivery where company uses pork products in many menu items Policy: Protecting Owners’ Interests In what ways could LON potentially interfere with G’s legitimate interests? (Remember that A used to allow pizza delivery before conversion)

16. Problem 1B (Everglades/Olympic) • A hires MWs to live on farm and pick vegetables for 5 wks/yr • Provides “three good meals a day;” vending machines; coffee • A converted to Islam & forbids pork products on site • A wants to forbid access to pizza delivery where company uses pork products in many menu items Policy: Protecting Owners’ Interests • Concern is primarily religious • Is the potential interference sufficiently large that A should be able to exclude pizza?

17. Problem 1B (Everglades/Olympic) • A hires MWs to live on farm and pick vegetables for 5 wks/yr • Provides “three good meals a day;” vending machines; coffee • A converted to Islam & forbids pork products on site • A wants to forbid access to pizza delivery where company uses pork products in many menu items Specific Language: “[T]he employer may … not deprive the migrant worker of practical access to things he needs.” • Is pizza at night something MWs “need”? • If A excluded delivery, would A be depriving MWs of “practical access” to pizza at night?

18. Problem 1B (Everglades/Olympic) • A hires MWs to live on farm and pick vegetables for 5 wks/yr • Provides “three good meals a day;” vending machines; coffee • A converted to Islam & forbids pork products on site • A wants to forbid access to pizza delivery where company uses pork products in many menu items What other language from Shack might be useful in resolving this problem?

19. Other Shack Short Review Problems • Similar in Structure & Subject Matter to Review Problems 1A & 1B: • Review Problems 1C-1F (S9) • 2015 Question II Problem B (on Course Page) • Review Problem 1C in DF Next Week • Can do others on your own • Exam Conditions = 5 minutes read/outline + 20 minutes writing • Normally, I’d expect to see: • Some Discussion of MW interests; O interests; missing facts/alternatives; fact comparison to those explicitly permitted by Shack • All tied back to language or facts of case. • When we complete Chapter One, I’ll post comments & best student answers for Rev. Probs 1A-1F & 2015 Problem.

20. Alternate Approach to Access to MWs: Florida MW Statutes • SEQUOIA: DQs 1.16, 1.17, 1.19 (a, c) • ACADIA: DQ1.18 & 1.19 (b, d) • DQs 1.19 (e) – (f) (DF Sessions Next Week) • EVERGLADES: Rev. Prob. 1K(ii): (Tuesday)

21. SEQUOIA: DQs 116-117 SEQUOIAS

22. Florida Statutes: DQ1.16 (Sequoia) In what ways do the Florida statutes distinguish between access to “common areas” and access to “private living quarters”?

23. Florida Statutes: DQ1.16:“common areas” v. “private living quarters” • “Invited Guest” under 381.00897(1) • Access to “private living quarters” • Must leave at “reasonable request” of another resident • “Other Authorized Visitors” under 381.00897(2) • Access to “common areas” (& looks like “private living quarters”) • Subject to reasonable rules re hours of access (with listed minimums) • Must leave “private living quarters” at “reasonable request” of another resident.