PROPERTY D SLIDES 1 28 16 National Kazoo

PROPERTY D SLIDES 1 -28 -16 National Kazoo Day

Thursday Jan 28 Music: Cher, Gypsys, Tramps & Thieves (1971) Lunch Today Meet on Bricks @ 12: 25 Arcidi * Beck * Dupree * Gavin Moss * Nowak * Nugent

Application of Shack • DQ 1. 15: Extension to New Situations (Last Fri/Tue) • Review Problems • Rev. Prob 1 A (Acadia & Badlands) (cont’d) • Rev. Prob. 1 B (Everglades & Olympic)

Rev. Prob. 1 A (English Lessons) Acadia for Landowner Acadia Sunrise Badlands for MWs/LON Norbeck Pass

APPLYING SHACK: Problem 1 A (Acadia/Badlands): Recap from Tuesday • G hires MWs to live on farm/pick peaches several weeks/year • LON = Non-profit corporation • Purpose is to help teach English to MWs and other agric. laborers. • Wishes to send 1 -2 teachers onto G’s land to give English lessons each evening after the day’s work is complete. Fact Comparison: 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 1 A (Acadia/Badlands): • 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. Specific Language: “[T]he employer may … not deprive the migrant worker of practical access to things he needs. ” needs • Is greater familiarity with English something MWs “need”? need • If G excluded LON, would G be depriving MWs of “practical

Problem 1 A (Acadia/Badlands): • 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. Policy: Protecting Owners’ Interests In what ways could LON potentially interfere with G’s legitimate interests?

Problem 1 A (Acadia/Badlands): Policy: Protecting Owners’ Interests • In what ways could LON potentially interfere with G’s legitimate interests? • Less Rest/Sleep for Participating MWs • Less Rest/Sleep for Other MWs • Tension between Participating MWs & Others Is the potential interference sufficiently large that G should be able to exclude LON?

Problem 1 A (Acadia/Badlands): • 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?

Application of Shack • DQ 1. 15: Extension to New Situations (Last Fri/Tue) • Review Problems • Rev. Prob 1 A (Acadia & Badlands) • Rev. Prob. 1 B (Everglades & Olympic) (Pork/Pizza)

EVERGLADES: Rev. Prob. 1 B (Landowner) EGRET IN MANGROVE SWAMP

OLYMPIC: Rev. Prob. 1 B (MWs) EEL GLACIER

Problem 1 B (Everglades/Olympic) • 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. • Common Sense Reading: “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…. ”

Problem 1 B (Everglades/Olympic) • 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. • Lots of obvious differences from Shack Dfdts • Use other tools to see if allow access anyway.

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

Problem 1 B (Everglades/Olympic) • 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?

Problem 1 B (Everglades/Olympic) • 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. ” needs • Is pizza at night something MWs “need”? need • If A excluded delivery, would A be depriving MWs of “practical access” access to pizza at night?

Problem 1 B (Everglades/Olympic) • 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?

Other Shack Short Review Problems • Similar in Structure & Subject Matter to Review Problems 1 A & 1 B: • Review Problems 1 C-1 F (S 9) • 2015 Question II Problem B (on Course Page) • Review Problem 1 C in DF Next Week • Can do others on your own • 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. • When we complete Chapter One, I’ll post comments & best student answers for Rev. Probs 1 A-1 F & 2015 Problem.

Alternate Approach to Access to MWs: Florida MW Statutes • SEQUOIA: DQs 1. 16, 1. 17, 1. 19 (a, c) • ACADIA: DQ 1. 18 & 1. 19 (b, d) • DQs 1. 19 (e) – (f) (DF Sessions Next Week) • EVERGLADES: Rev. Prob. 1 K(ii): (Tuesday)

SEQUOIA: DQs 116 -117 SEQUOIAS

Florida Statutes: DQ 1. 16 (Sequoia) In what ways do the Florida statutes distinguish between access to “common areas” and access to “private living quarters”?

Florida Statutes: DQ 1. 16: “common areas” v. “private living quarters” • “Invited Guest” under 381. 00897(1) • Access to “private living quarters” • Must leave at “reasonable request” of another resident • “Other Authorized Visitors” under 381. 00897(2) • Access to “common areas” (& looks like “private living quarters”) • Subject to reasonable rules re hours of access (with listed minimums) • Must leave “private living quarters” at “reasonable request” of another resident.