PROPERTY A SLIDES

PROPERTY A SLIDES 1-29-15

Thu Jan 29 Music: Cher, Gypsys, Tramps & Thieves (1971) Lunch Today (Meet on Bricks @ 11:55): Baquedano; Corrales; Engstrom; Halperin; Manimalethu; Silverberg; Steckler

PROPERTY A (1/29) DQ1.15(a) (Last Names G-M) (cont’d) DQ1.15(b) (Last Names O-Y) Logistics/Statutes Review Problem 1A (Arches & Biscayne) Review Problem 1B (Redwood & Shenandoah)

APPLYING SHACK: DQ1.15a (Last Names G-M): A worker wishes to have a spouse or long-term partner stay overnight on the premises. In DF Tomorrow: Factual Comparison with Shack Ds & Press

APPLYING SHACK: DQ1.15a (Last Names G-M): A worker wishes to have a spouse or long-term partner stay overnight on the premises. • MW “must be allowed to receive visitors … of his own choice, so long as there is no behavior hurtful to others.” • Possible harm to others? • How Serious?

APPLYING SHACK: DQ1.15a (Last Names G-M): A worker wishes to have a spouse or long-term partner stay overnight on the premises. • “can’t isolate in any aspect significant for workers’ well-being” • How Significant for MWs’ Well-Being? • Isolating if Denying?

APPLYING SHACK: DQ1.15a (Last Names G-M): A worker wishes to have a spouse or long-term partner stay overnight on the premises. • May not deny/interfere with • Privacy • Opportunity to live w dignity • Associations customarily enjoyed among our citizens. How Well Does Each Fit Here?

APPLYING SHACK: DQ1.15b (Last Names O-Y): Members of a religious group who normally go door-to-door to share their religion with others wish to enter the premises to interact with the workers. In DF Tomorrow: • “Can’t isolate in any aspect significant for workers’ well-being.” • Interference w legitimate interests of landowner?

APPLYING SHACK: DQ1.15b (Last Names O-Y): Members of a religious group who normally go door-to-door to share their religion with others wish to enter the premises to interact with the workers. • Most helpful passages if you are representing the religious group?

APPLYING SHACK: DQ1.15b (Last Names O-Y): Members of a religious group who normally go door-to-door to share their religion with others wish to enter the premises to interact with the workers. • Most helpful passages if you are representing the religious group? At least: • Dominion over Destiny • Recognized Charitable Groups Seeking to Assist

APPLYING SHACK: DQ1.15b (Last Names O-Y): Members of a religious group who normally go door-to-door to share their religion with others wish to enter the premises to interact with the workers. Factual Similarities & Differences?

APPLYING SHACK: DQ1.15b (Last Names O-Y): Members of a religious group who normally go door-to-door to share their religion with others wish to enter the premises to interact with the MWs. Similarities& Differencesinclude: • Genuinely trying to aid MWs • Not for profit/commercial gain • If asked MWs, might well say “No thanks.” • Unrelated to MW job conditions or physical needs • No explicit gov’t program or policy behind What Result Does This List Suggest?

Logistics • I posted tomorrow’s assignments early this morning. Sorry for slight delay. I assume long break today leaves you time to do. • Several pages added to Chapter 1 Supplement; if using hard copy, can just print pages 15-20. • Florida Statutes & DQs (ALL) • Brooks & Other Material on Right to Exclude with DQs for Yosemite

Intro to Working with Statutes • A skill I want to emphasize is working w statutes • Many important practice areas primarily statutory • You’ve done some (UCC etc.), but need more practice • We’ll do several in depth, here, & in ch3, 5, 6 • I will talk explicitly about how analysis is different from common law or Constitutional Law

Intro to Working with Statutes • I’ll test statutes significantly • Two places on exam • One of the short problems in Q2 • In the issue-spotter (Q4) • Means you can avoid both but only at cost of having to do every other Q • On closed book exam, I’ll provide relevant text.

Intro to Working with Statutes • Only way toreally learn statutes is detailed problems; otherwise, you speed-read • First example is FL statute re Housing for MWs • Look at differences in substantive choices from NJ • Look at ways statute operates differently than case • Everybody On-Call for DQs 1.16-1.19(d) • Forces you to really engage statute • Can be good work to do in groups

Working with Statutes: Definitions (Inclusive & Exclusive) • Key information often found in definition section. E.g., • §381.00897 distinguishes between “invited guests” and “other authorized visitors” • §381.008 explains the difference between those terms.

Working with Statutes: Definitions (Inclusive & Exclusive) • Key terms often defined in ways different from normal usage. E.g., • “For purposes of this act, ‘winter months’ means October, November, December, January, February, March and April.” • [Minneapolis Definition]

Working with Statutes: Definitions (Inclusive & Exclusive) • In Definitions, Look for Distinction between Inclusive & Exclusive Lists • Inclusive: “For purposes of this act, ‘winter months’ includes December, January and February.” • Exclusive: “For purposes of this act, ‘winter months’ means October, November, December, January, February, March and April.”

PROPERTY A (1/29) DQ1.15(a) (Last Names G-M) (cont’d) DQ1.15(b) (Last Names O-Y) Logistics/Statutes Review Problem 1A Arches for Landowner Biscayne for MWs Review Problem 1B (Redwood & Shenandoah)

ARCHES: Rev. Prob. 1A (Landowner) DELICATE ARCHES

BISCAYNE: Rev. Prob. 1A (MWs) SUNRISE AT ADAMS KEY

APPLYING SHACK: Problem 1A (Arches/Biscayne): • Jurisdiction follows Shack (means apply the case) • 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.

APPLYING SHACK: Problem 1A (Arches/Biscayne): • 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. 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?

Problem 1A (Arches/Biscayne): • 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. “[T]he employer may … not deprive the migrant worker of practical access to things he needs.” • Are English lessons things MWs “need”? • If G excluded LON, would G be depriving MWs of “practical access” to lessons?

Problem 1A (Arches/Biscayne): • 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. • In what ways would LON potentially interfere with G’s legitimate interests? • Is the potential interference sufficiently large that G should be able to exclude LON?

PROPERTY A SLIDES