PROPERTY A SLIDES1-29-15

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)I.I. DQ1.15(a) (Last Names G-M) DQ1.15(a) (Last Names G-M)

(cont’d)(cont’d)II. DQ1.15(b) (Last Names O-Y)

III. Logistics/Statutes

IV. Review Problem 1A (Arches & Biscayne)

V. Review Problem 1B (Redwood & Shenandoah)

APPLYINGAPPLYING SHACK: DQ1.15a (Last SHACK: DQ1.15a (Last Names G-M): Names G-M):

A worker wishes to have a spouse A worker wishes to have a spouse or long-term partner stay overnight or long-term partner stay overnight

on the premises.on the premises.

In DF Tomorrow:In DF Tomorrow:

Factual Comparison with Factual Comparison with Shack Shack Ds & Ds & PressPress

APPLYINGAPPLYING SHACK: DQ1.15a (Last SHACK: DQ1.15a (Last Names G-M): Names G-M):

A worker wishes to have a spouse A worker wishes to have a spouse or long-term partner stay overnight or long-term partner stay overnight

on the premises.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?

APPLYINGAPPLYING SHACK: DQ1.15a (Last SHACK: DQ1.15a (Last Names G-M): Names G-M):

A worker wishes to have a spouse A worker wishes to have a spouse or long-term partner stay overnight or long-term partner stay overnight

on the premises.on the premises.• “can’t isolate in any aspect significant for

workers’ well-being” • How Significant for MWs’ Well-Being? • Isolating if Denying?

APPLYINGAPPLYING SHACK: DQ1.15a (Last SHACK: DQ1.15a (Last Names G-M): Names G-M):

A worker wishes to have a spouse A worker wishes to have a spouse or long-term partner stay overnight or long-term partner stay overnight

on the premises.on the premises.• May not deny/interfere with

i.Privacy

ii.Opportunity to live w dignity

iii.Associations customarily enjoyed among our citizens.

How Well Does Each Fit Here?

PROPERTY A (1/29)I. DQ1.15(a) (Last Names G-M) (cont’d)

II.II. DQ1.15(b) (Last Names O-Y)DQ1.15(b) (Last Names O-Y)III. Logistics/Statutes

IV. Review Problem 1A (Arches & Biscayne)

V. Review Problem 1B (Redwood & Shenandoah)

APPLYINGAPPLYING SHACK: DQ1.15b (Last SHACK: DQ1.15b (Last Names O-Y): Names O-Y):

Members of a religious group who Members of a religious group who normally go door-to-door to share their normally go door-to-door to share their religion with others wish to enter the religion with others wish to enter the premises to interact with the workers.premises to interact with the workers.

In DF Tomorrow:In DF Tomorrow:

• ““Can’t isolate in any aspect significant Can’t isolate in any aspect significant for workers’ well-being.”for workers’ well-being.”

• Interference w legitimate interests of Interference w legitimate interests of landowner?landowner?

APPLYINGAPPLYING SHACK: DQ1.15b (Last SHACK: DQ1.15b (Last Names O-Y): Names O-Y):

Members of a religious group who Members of a religious group who normally go door-to-door to share their normally go door-to-door to share their religion with others wish to enter the religion with others wish to enter the premises to interact with the workers.premises to interact with the workers.

• Most helpful passages if you are representing the religious group?

APPLYINGAPPLYING SHACK: DQ1.15b (Last SHACK: DQ1.15b (Last Names O-Y): Names O-Y):

Members of a religious group who Members of a religious group who normally go door-to-door to share their normally go door-to-door to share their religion with others wish to enter the religion with others wish to enter the premises to interact with the workers.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

APPLYINGAPPLYING SHACK: DQ1.15b (Last SHACK: DQ1.15b (Last Names O-Y): Names O-Y):

Members of a religious group who Members of a religious group who normally go door-to-door to share their normally go door-to-door to share their religion with others wish to enter the religion with others wish to enter the premises to interact with the workers.premises to interact with the workers.

Factual Similarities & Differences?

APPLYINGAPPLYING SHACK: DQ1.15b (Last SHACK: DQ1.15b (Last Names O-Y): Names O-Y):

Members of a religious group who normally go door-to-Members of a religious group who normally go door-to-door to share their religion with others wish to enter the door to share their religion with others wish to enter the

premises to interact with the MWs.premises to interact with the MWs.

Similarities & Differences include:• 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?

PROPERTY A (1/29)I. DQ1.15(a) (Last Names G-M) (cont’d)

II. DQ1.15(b) (Last Names O-Y)

III.III.Logistics/StatutesLogistics/StatutesIV. Review Problem 1A (Arches & Biscayne)

V. Review Problem 1B (Redwood & Shenandoah)

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 ch 3, 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 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.On closed book exam, I’ll provide relevant text.

Intro to Working with Statutes • Only way toreally learn statutes is detailed Only way toreally learn statutes is detailed

problems; otherwise, you speed-readproblems; otherwise, you speed-read• First example is FL statute re Housing for MWsFirst example is FL statute re Housing for MWs

• Look at differences in substantive choices from NJ• Look at ways statute operates differently than case

• EverybodyEverybody On-Call for DQs 1.16-1.19(d) 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)I. DQ1.15(a) (Last Names G-M) (cont’d)

II. DQ1.15(b) (Last Names O-Y)

III. Logistics/Statutes

IV.IV.Review Problem 1A Review Problem 1A • Arches for LandownerArches for Landowner• Biscayne for MWsBiscayne for MWs

V. Review Problem 1B (Redwood & Shenandoah)

ARCHES: Rev. Prob. 1A (Landowner)

DELICATE ARCHES

BISCAYNE: Rev. Prob. 1A (MWs)

SUNRISE AT ADAMS KEY

APPLYINGAPPLYING SHACK: Problem 1A SHACK: Problem 1A (Arches/Biscayne): (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.

APPLYINGAPPLYING SHACK: Problem SHACK: Problem 1A 1A

(Arches/Biscayne): (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): 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): 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?