PROPERTY B SLIDES

PROPERTY B SLIDES 2-1-19 National Baked Alaska Day National Texas Day

More Music to Accompany FL MW StatutesWhitney Houston, The Bodyguard Original Soundtrack Album (1993) Next Few DF Sessions: • Brendan: Rev. Prob. 1C • Today @ 1:00 Room E352 • Monday @ 9:40 Here • Lauren: Rev Prob. 1I • Wednesday @ 9:40 Here • Next Friday @ 9:40 Here Lunch Today Meet on Bricks @ 12:25 Almeida * Beekhuizen Hornback* Lipnick * Safford Vieites

Application of Shack DQ1.15: Extension to New Situations (Monday) Review Problems Rev. Prob1A (Monday/Wednesday Rev. Prob. 1B (Badlands & Everglades) (Pork/Pizza)

BADLANDS: Rev. Prob. 1B (Landowner) NORBECK PASS

EVERGLADES: Rev. Prob. 1B (MWs/Pizza) EGRET IN MANGROVE SWAMP

Problem 1B (Common Sense Reading) • A hires MWs to live on farm & pick vegetables for 5 wks/yr. • Provides “three good meals a day;” vending machines; coffee. • Can’t argue need for additional food or nutrition • A converted to Islam & forbids pork products on site. • “To ensure that she never comes into contact with pork products, Alyssa stopped serving them in her dining hall and forbade both temporary and permanent employees from bringing in any food from outside the farm….” [Meaning of “them”?]

Problem 1B (Badlands/Everglades) • A hires MWs to live on farm & pick veggies 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.

Problem 1B (Badlands/Everglades) • 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 BL: In what ways could Pizza potentially interfere with G’s legitimate interests? (Remember that A used to allow pizza delivery before conversion)

Problem 1B (Badlands/Everglades) • 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? EV? BL?

Problem 1B (Badlands/Everglades) • 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”? NOTE: in the highly unlikely event that MW has religious or medical requirement for pork, A probably has to compromise, but on a test, you should treat this as a one-line throwaway (at the most).

Problem 1B (Badlands/Everglades) • 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”? EV? BL? • If A excluded delivery, would A be depriving MWs of “practical access” to pizza at night? BL?

Problem 1B (Badlands/Everglades) • 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?

Problem 1B (Badlands/Everglades) • 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 Other language that might be useful here includes: • “[T]he MW must be allowed to receive visitors … of his own choice, so long as there is no behavior hurtful to others…” • “[E]mployer may not intfere w his oppty to live w dignity and to enjoy assns customarily enjoyed among our citizens.

Other Shack Short Review Problems • Similar in Structure & Subject Matter to Review Problems 1A & 1B: Review Problems 1C-1G (S9-10) • Review Problem 1C in DF Today & Monday • Can do others on your own (1E can be submitted for my review) • 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. • This weekend, I’ll post comments & best answers for Rev. Probs 1A-1B, then for other Shack probs (except 1E) by end of Chapter.

FINAL EXAM QUESTIONSChoose Three of Four • XQ1: LAWYERING • XQ2: SHORT ANSWERS (Choose Three of Four) • XQ3: OPINION/DISSENT • XQ4: TRADITIONAL ISSUE-SPOTTER

FINAL EXAM QUESTION 1“LAWYERING Q” • E.g., Review Problems 1M-1N (each about 1/3 of a 60-Minute Q) • Client Gives You Relatively Brief introduction to Set of Problems (Generally 2-4 Major Topics) • Your Job: Create a To Do List of Legal & Factual Research Needed to Advise Client • Look at Q1s on Posted Exams as Examples

FINAL EXAM QUESTION 1“LAWYERING Q” Your Job: Create a To Do List of Legal & Factual Research Needed to Advise Client • Don’t Try to Determine Who Wins; By Definition You Have Insufficient Info • Usually Best to Organize by Topic (v. All Legal then All Factual). • Turn Possible Legal Tests into Specific Factual Qs (I’ll demonstrate for “Isolate MW/Signif. For Well-Being”) • Client probably wants you to negotiate/try to settle in addition to or instead of litigating; can ask Qs aimed at creative agreements.

FINAL EXAM QUESTION 1“LAWYERING Q” Your Job: Create a To Do List of Legal & Factual Research Needed to Advise Client • In Grading, I Reward: • Knowing When There Are Multiple Possible Rules (& What They Are) • Imagination: What Relevant Evidence Might There Be? How Would You Find It? (Xmas Lights & Police Records) • Thoroughness & Specific Detail

FINAL EXAM QUESTION 1“LAWYERING Q” • First Examples on S16-S17: • Monday: Review Problem 1N (SEQUOIA) • DF in 10 days: Review Problem 1M • To help you see how to approach this new set of tasks, I’ve included additional instructions for each problem, breaking it down into component parts.

Possible XQ1: “LAWYERING Q”: Farmer (O) Q re English Lessons for MWs Work with possible test: “Cannot isolate MW in any respect significant to MW’s well-being.” TOO GENERAL except as Headings: • Are English Lessons significant to MW’s well-being? • If O excludes, is that isolating the MWs from access to English Lessons?

Possible XQ1: “LAWYERING Q”: Farmer Q re English Lessons for MWs Work with possible test: “Cannot isolate MW in any respect significant to MW’s well-being.” (Legal) • Similar relevant language in statute or cases? • Subsequent decisions re: • English lessons or similar recurring visits or educational? • Explaining/defining: • Well-Being (check immediate v. future & material v. emotional) • Significant • Isolate (check looking at individual worksite or aggregating jobs)

Possible XQ1: “LAWYERING Q”: Farmer Q re English Lessons for MWs Work with possible test: “Cannot isolate MW in any respect significant to MW’s well-being.” (Factual) • Evidence re MWs’ Need for English • Literature from/about Org (& other orgs helping MWs) • Talk to O & employees • Internet/Social Science on Job Opportunities, etc. re English generally & re MWs • Evidence re Isolation …. [Hold Qs Until After We’ve Tried Next Time]

OLYMPIC: Rev. Prob. 1H EEL GLACIER

APPLYINGFL MW Statutes: Problem 1H (Olympic): • Short Problem from 2016 Exam Set in Florida • I provided language of §§381.00897(1) & (5). • I asked specificallyabout both subsections, so should address both. • D hires MWs to live on farm and pick crops for several “stretches of time” each year. • D hires R for three weeks; R lives in 6-person cabin. • M (R’s 17-yr old son) visits R in cabin for a couple of hours after work each day (following posted rules).

Problem 1H (Olympic): SUBSECTION 1 (1) RIGHT OF ACCESS OF INVITED GUEST … Any invited guest must leave the private living quarters upon the reasonable request of a resident residing within the same private living quarters. • M, avid Donald Trump supporter (in 2016), relays news of the presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. • G, a resident in R’s cabin (sufficiently cranky that his co-workers call him “Sour George”), asked R and D to cut off M’s visits, saying the boy’s political discussions “are driving me crazy.” R refuses. • Presumably D can exclude M at G’s request if request is “reasonable.”

Problem 1H (Olympic): SUBSECTION 1 (1) RIGHT OF ACCESS OF INVITED GUEST … Any invited guest must leave the private living quarters upon the reasonable request of a resident residing within the same private living quarters. • M, avid Trump supporter, relays news of presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. G, a resident in R’s cabin asked D to cut off M’s visits, saying the boy’s political discussions “are driving me crazy.” Presumably D can exclude M if G’s request is “reasonable.” • Articulate possible concerns of G. • Arguments G’s request to exclude is “reasonable.” • Arguments G’s request to exclude is not “reasonable.”

Problem 1H (Olympic): SUBSECTION 1 M, avid Trump supporter, relays news of presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. G, a resident in R’s cabin asked D to cut off M’s visits, saying the boy’s political discussions “are driving me crazy.” Presumably D can exclude M if G’s request is “reasonable.” • Possible Concerns of G = Political Opposition; Peace & Quiet • Qs Relevant to Reasonableness: • Significance of Political Discussion in Election Year • Significance of Father Son Relationship • Possibility of Violence

Problem 1H (Olympic): SUBSECTION 5 (5) OTHER RULES… [O]peratorsmay adopt other rules regulating access to a camp [if] reasonably related to the purpose of promoting the safety, welfare, or security of residents, visitors, farmworkers, or the … operator’s business. • M, avid Trump supporter, relays news of presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. • D greatly dislikes Trump & wishes to exclude M. Would presumably need to develop generally applicable rule and post it.

Problem 1H (Olympic): SUBSECTION 5 (5) OTHER RULES… [O]peratorsmay adopt other rules regulating access to a camp [if] reasonably related to the purpose of promoting the safety, welfare, or security of residents, visitors, farmworkers, or the … operator’s business. • M, avid Trump supporter, relays news of campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. D greatly dislikes Trump & wishes to exclude M. Would presumably need to develop generally applicable rule and post it. • Leave for You: • Articulate possible concerns D might have that are “related” to “safety, welfare, or security [of visitors, MWs, or D’s Business.] • Articulate possible rules to address these concerns. • Arguments whether these rules are “reasonably related” to relevant interests.

Problem 1H (Olympic) I’ll post comments & best student answers over the weekend. Look through and let me know if you have additional Qs. Next Wed-Fri in DF, Lauren will do Rev Prob 1I (also FL Statute)

Property Open to the Public& the Right to Exclude Generally: Your Money’s No Good Here (Lecture Today/Monday) Range of Possible Approaches & DQs 1.20-1.21 Brooks & DQs 1.22-1.23 Free Speech Rights (JMB including Schmid) (Starting Wednesday with ACADIA/BADLANDS)

Right to Exclude: Parcels Open to the Public 1st Topic: When Do Private Businesses on Private Property Have the Right to Reject Particular Paying Customers : “Your Money’s No Good Here.”

Right to Exclude: Parcels Open to the Public Helpful to See Possible Rules as a Continuum • Can exclude anyone for any reason • Can exclude unless falls within specified forbidden reasons or circumstances. • Must accept anyone who shows up w $$ (unless specific prior harmful conduct or present danger).

PROPERTY B SLIDES