PROPERTY A SLIDES 2 9 17 NATIONAL BAGEL

PROPERTY A SLIDES 2 -9 -17 NATIONAL BAGEL DAY

Music to Accompany JMB: Cyndi Lauper, Twelve Deadly Sins (1994) Logistics: Lunch Tomorrow Meet on Bricks @ 12: 25 Bona * Nugroho Papiasvili * Post Repanich * Vincent Visnovski • Dean’s Fellow Today (& Most Thursdays Going Forward) in Room G 363 (in Library Near Rest Rooms) • Contact Sheet RE-Recirculating • • • Confirm Your Info with OR Correct in Margins [Why is this complicated? !!]

BADLANDS: Review Prob 1 H (cont’d) NORBECK PASS

Problem 1 H (BADLANDS) (Recap): • Short Problem from 2016 Exam Set in Florida • I provided language of §§ 381. 00897(1) & (5). • I asked about 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 1 H (BADLANDS): SUBSECTION 1 (Recap) (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, 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.

Problem 1 H (BADLANDS): 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. ” • Possible Concerns of G = Political Opposition; Peace & Quiet • Yesterday: Some Discussion of Whether G’s Request was “Reasonable. ”

Problem 1 H (BADLANDS): SUBSECTION 5 (5) OTHER RULES… [O]perators may 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 1 H (BADLANDS): SUBSECTION 5 (5) OTHER RULES… [O]perators may 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. • TODAY: Articulate possible concerns D might have that are “related” to “safety, welfare, or security [of visitors, MWs, or D’s Business. ] • Leave for You:

Problem 1 H (BADLANDS) I’ll post comments & best student answers from last spring tomorrow. Look through and let me know if you have additional Qs.

EVERGLADES: Review Problem 1 N EGRET IN MANGROVE SWAMP

Review Problem 1 N: Info from Client uses MWs living onsite to pick crops several wks/yr. • Large meeting hall next to MW barracks • MWs get Sundays off; invite MWs from nearby farms to hall for • • Religious Service • Social Event after Client seeks advice about whether he has to allow I asked you to describe legal/factual research necessary to advise.

Review Problem 1 N: Overall Framework (ME) Legal Research Needed To Establish Legal Framework 1. Check if state roughly follows Shack by caselaw or statute. 2. Check for precise rules & permissible restrictions. 3. Look for possible caselaw/statutory language addressing specific issues that might arise, e. g. , …

Review Problem 1 N: Overall Framework (ME) Legal Research Needed To Establish Legal Framework 3. Look for possible caselaw/statutory language addressing: a. Possible Distinction between i) People invited by MWs • • Check if limited like FL to living quarters Check if limited like Shack if “harm to others”? ii) People who get access w/o invitation b. Relevant tests used in Shack (e. g. , customary assns. ) c. Genl info about MWs’ use of off-duty time

Review Problem 1 N: List of Major Topics Legal & Factual Research Relevant to the Following Aspects of the Problem … (Notes on my list of topics): • Lots of ways to approach/organize this problem • • • I’m not looking for any particular structure. Any set of categories/headings (including mine) will overlap to some extent. I tried to design this list to help you see issues; good answers would hit on most of these topics somewhere.

Review Problem 1 N (Everglades) Legal & Factual Research Relevant to The Religious Services (We’ll Do in Most Detail) Major Topics to Explore?

Review Problem 1 N (Everglades) The Religious Services: Major Topics Include… • • Nature of Services (incl. What Happens; Use of Clergy) Possible Harms from Services (incl. C’s Specific Objections) Benefits to MWs (incl. % of MWs Participating; Importance of Services) Alternatives to Use of Hall on C’s Land Follow-Up for Each Major Topic Includes … • • • Thorough/Detailed Development of Facts Ghostbusters Q (“Who Ya Gonna Call? ” = HFO) Additional Legal Research

Review Problem 1 N (Everglades) Legal & Factual Research Relevant to The Social Events 1. Nature of Social Event? 2. Possible Harms Different/Separate from Those Caused By Religious Services? 3. Benefits/Significance to MWs? 4. Other?

Review Problem 1 N (ME) Legal & Factual Research Relevant to Client Having Allowed This Access in the Past • Generally raises legal issues re implied Ks or estoppel • Unlikely here because MWs hired each year for few weeks • Could check for written agreements by C or predecessor • Worst case: E. g. , Prior O agreed to access b/c MWs helped build hall • Could check for legal significance of prior authorization (e. g. , court then skeptical that harm is great? )

Review Problem 1 N (Everglades) I’ll Post Additional Slides re • The Neighboring Farms that Employ MWs • General Info to Help You Understand the Situation Plus Comments & Best Student Answers Available Tomorrow

Review Problem 1 N (Everglades): BONUS SLIDE Sample Qs re Neighboring Farms that Employ MWs • Do C or his employees know which farms other MWs come from? • Any Neighboring Farms hosting similar events or willing to? Willing to share costs? • Check if C interested in exploring. • Check if C has info or if he’s OK with you asking neighbors. • How Do Their MWs get to C’s farm? • If motorized, could transport work in reverse? • If walking, are MWs harming C’s or other neighbors’ land by crossing? • When on C’s Farm, Do Other MWs wander around C’s farm or otherwise create security issues?

Review Problem 1 N (Everglades): BONUS SLIDE Sample Qs: Gen’l Info to Help You Understand Situation • How many weeks (or Sundays) are MWs on Cs land? • Client Priorities/Concerns (Biggest concerns for C? ) • • Specific trigger for coming to you? Ok with stopping either relig. service or social event & keeping the other? Willing to give MWs $$ or other benefits to stop? What/How Much? Could/Would C change practice of Sunday as off-day? • Other uses for hall? • That C would prefer? • That would block MW use?

Property Open to the Public & the Right to Exclude I. Generally: Your Money’s No Good Here II. Free Speech Rights A. JMB (including Schmid) & DQ 1. 24 -1. 28 (OLYMPIC) B. Review Problems 1) In Class 2/14: 1 L (Everglades) & 1 M (Badlands) 2) In DF: 1 J (Next Week) & 1 P (2/21 & 2/23)

Right to Exclude: Parcels Open to the Public Transition Quote (N. 3 on P 84) “[T]he more private property is devoted to public use, the more it must accommodate the rights which inhere in individual members of the general public who use that property. ” --Uston quoting State v. Schmid.

OLYMPIC: DQs 1. 24 -1. 28 EEL GLACIER

Right to Exclude: Parcels Open to the Public JMB: Overview • NJSCT holds that large shopping centers must permit protestors to have access to hand out leaflets on social issues. • Our Coverage 1. Relevant Interests (DQ 1. 24 -1. 25) 2. Logic of Opinion (Me) 3. Application in Future Problems a. Permissible Regulation (DQ 1. 26) b. Relation to Other Right to Exclude Problems (Me & DQ 1. 27)

Right to Exclude: Parcels Open to the Public JMB: DQ 1. 24: O’s Interests (Olympic) Possible harms to the owners in JMB: 1. Forced Speech 2. Psychic Harm 3. Interference with Business

Right to Exclude: Parcels Open to the Public JMB: DQ 1. 24: O’s Interests (Olympic) Possible harms to the owners in JMB: 1. Forced Speech • 1 st Amdt Claim: Shoppers will assume leafletters speak for management, so Os effectively forced to say things they disagree with Are shoppers likely to view protestor speech that way?

Right to Exclude: Parcels Open to the Public JMB: DQ 1. 24 O’s Interests (Olympic) Possible harms to the owners in JMB: 1. Forced Speech • 1 st Amdt Claim: Shoppers will assume leafletters speak for management, so Os effectively forced to say things they disagree with • I’m skeptical that shoppers would view that way • Court rejects this claim in portion of opinion not in book

Right to Exclude: Parcels Open to the Public JMB: DQ 1. 24: O’s Interests (Olympic) Possible harms to the owners in JMB: 1. Forced Speech (claim rejected by NJSCt) 2. Psychic Harm • Feelings of Lack of Control Over Property • Made Worse by Speech if Os Disagree • NOTE: Genuine, but hard to Quantify Likely to be Very Significant in this Context?

Right to Exclude: Parcels Open to the Public JMB: DQ 1. 24: O’s Interests (Olympic) Possible harms to the owners in JMB: 1. Forced Speech (claim rejected by NJSCt) 2. Psychic Harm • Would have to convince court that would make significant difference w lots of other people at mall & very broad public invitation • No claims, e. g. , re privacy. • Plus can exclude completely when mall is closed 3. Interference with Business: • Specific Concerns?