PROPERTY D SLIDES

1. PROPERTY D SLIDES 1-28-14

2. Tues Jan 28 Music: Rolling Stones, Sticky Fingers (1971) Lunch Today (Meet on Bricks @ 12:25): Alvarez; Brown; Caruso; Sattler; Warren If Yesterday You Did Not Fill Out List for You to Provide Contact Info, Do So at Break or After Class

3. PROPERTY D (1/28) Right to Exclude & MWs cont’d DQ115(a) cont’d (Fajer) DQ115(b) Last Names G-H Review Problem 1A Review Problem 1B Florida Statutes & DQ1.16-1.19

4. APPLYING SHACK: DQ1.15a A worker wishes to have a spouse or long-term partner stay overnight on the premises. • May not deny MW privacy or intfere w oppty to live w dignity or enjoy ass’nscustomarily enjoyed among our citizens. • How well do each of these categories fit here?

5. APPLYING SHACK: DQ1.15b (Last Names G-H): 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?

6. APPLYING SHACK: DQ1.15b (Last Names G-H): 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

7. APPLYING SHACK: DQ1.15b (Last Names G-H): 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?

8. APPLYING SHACK: DQ1.15b (Last Names G-H): 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?

9. PROPERTY D (1/28) Right to Exclude & MWs cont’d DQ115(a) & (b) Review Problem 1A Last Names I-O Review Problem 1B Florida Statutes & DQ1.16-1.19

10. APPLYING SHACK: Problems 1A-1B GENERAL NOTE • Slides that follow lay out significant Qs, but our discussions did not tightly follow these Qs in the order presented here. • I’ll provide comments & best student answers to these problems in a future Info Memo • E-Mail me if Qs about my in-class comments or about arguments we didn’t get to.

11. APPLYING SHACK: Problem 1A (Last Names I-O): • 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.

12. APPLYING SHACK: Problem 1A (Last Names I-O): • 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?

13. APPLYING SHACK: Problem 1A (Last Names I-O): • 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?

14. APPLYING SHACK: Problem 1A (Last Names I-O): • 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?

15. APPLYING SHACK: Problem 1A (Last Names I-O): • 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?

16. PROPERTY D (1/28) Right to Exclude & MWs cont’d DQ115(a) & (b) Review Problem 1A Review Problem 1B Last Names P-Z Florida Statutes & DQ1.16-1.19

17. APPLYING SHACK: Problem 1B (Last Names P-Z): • 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

18. APPLYING SHACK: Problem 1B (Last Names P-Z): • 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 • In what ways would pizza potentially interfere with A’s legitimate interests? • Is the potential interference sufficiently large that A should be able to exclude pizza?

19. APPLYING SHACK: Problem 1B (Last Names P-Z): • 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 “[T]he employer may … not deprive the migrant worker of practical access to things he needs.” • Is food at issue something MWs “need”? • If A excluded delivery, would G be depriving MWs of “practical access” to food at issue?

20. APPLYING SHACK: Problem 1B (Last Names P-Z): • 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?

21. PROPERTY D (1/28) Right to Exclude & MWs cont’d DQ115(a) & (b) Review Problem 1A Review Problem 1B Florida Statutes & DQ1.16-1.19

22. 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 ch 3, 4, 6 • I will talk explicitly about how analysis is different from common law or Constitutional Law

23. 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.

24. 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

25. 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.

26. 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]

27. 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.”

28. Florida Statutes: DQ1.16 Under the Florida statutes, what penalties can the state impose when a farm owner improperly denies access to the migrant workers’ living areas? • Revoke permit. §381.0085 • Fine if operating w/o permit. §381.0081(4) • Injunction after Civil action by “person prevented from exercising rights guaranteed by this section.” §381.00897(4) • Looks like either MWs or persons trying to enter can sue