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PROPERTY A SLIDES 1-30-15. Fri Jan 30 Music: Paul Simon Graceland (1986) I’ll Post Assignments for Tues/Thurs Next Week by 2 pm Today.

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Presentation on theme: "PROPERTY A SLIDES 1-30-15. Fri Jan 30 Music: Paul Simon Graceland (1986) I’ll Post Assignments for Tues/Thurs Next Week by 2 pm Today."— Presentation transcript:

1 PROPERTY A SLIDES

2 Fri Jan 30 Music: Paul Simon Graceland (1986) I’ll Post Assignments for Tues/Thurs Next Week by 2 pm Today

3 PROPERTY A: 1/30 As Valentine ’ s Day Approaches : Too Much Part One

4 Every kiss begins with Kay®

5 & Jane Seymour Bond Girl Medicine Woman Queen of TV Miniseries Third Wife of Henry VIII

6 “Behind Every Open Heart is a Story” ~present~ Jane Seymour’s “Open Heart” Collection

7 Unfortunately, it’s usually a story about cholesterol.

8 PROPERTY A (1/30) I.Review Problem 1A (cont’d) Arches for LandownerArches for Landowner Biscayne for MWsBiscayne for MWs II.Review Problem 1B (Redwood & Shenandoah) III.Florida MW Statutes IV.Property Open to the Public A.Generally B.Brooks

9 Rev. Prob. 1A (English Lessons) Delicate ArchesSunrise at Adams Key ARCHES for Landowner BISCAYNE for MWs/LON

10 APPLYING SHACK: Problem 1A (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.

11 Problem 1A (Arches/Biscayne): 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?

12 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. What other language from Shack might be useful in resolving this problem?

13 PROPERTY A (1/30) I.Review Problem 1A II.Review Problem 1B Redwood for LandownerRedwood for Landowner Shenandoah for MWsShenandoah for MWs III.Florida MW Statutes IV.Property Open to the Public A.Generally B.Brooks

14 REDWOOD: Rev. Prob. 1B (Landowner) REDWOODS & FERNS

15 SHENANDOAH: Rev. Prob. 1B (MWs) APPALACHIAN TRAIL

16 Problem 1B (Redwood/Shenandoah) 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

17 Problem 1B (Redwood/Shenandoah) 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?

18 Problem 1B (Redwood/Shenandoah) 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?

19 Problem 1B (Redwood/Shenandoah) 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?

20 PROPERTY A (1/30) I.Review Problem 1A II.Review Problem 1B III.Florida MW Statutes IV.Property Open to the Public A.Generally B.Brooks

21 Florida MW Statutes DQ (First Names P-S) DQ1.18 & 1.19(a) (First Names K-M) DQs 1.19 (b)-(d) (First Names J & D) DQs 1.19 (e) – (f) (DF Sessions Next Week) Rev. Prob. 1K(ii): (Tuesday)

22 Florida Statutes: DQ1.16 (First Names P-S) In what ways do the Florida statutes distinguish between access to “common areas” and access to “private living quarters”?

23 Florida Statutes: DQ1.16: Florida Statutes: DQ1.16: “common areas” v. “private living quarters” “Invited Guest” under (1) Access to “private living quarters” Must leave at “reasonable request” of another resident “Other Authorized Visitors” under (2) Access to “common areas” & maybe “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. “Other Rules” under (5) (presumably for both): other rules regulating access to a camp only if the rules are reasonably related to the purpose of promoting the safety, welfare, or security of residents, visitors, farmworkers, or the owner’s or operator’s business.

24 Florida Statutes: DQ1.16: Florida Statutes: DQ1.16: “common areas” v. “private living quarters” “Other Rules” under (5) & (6) (presumably for both): Owner/Operator 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 owner’s or operator’s business” (5); and “conspicuously posted.” (6) MW Rules for living quarters under (7): “migrant workers residing within the same living quarters [may impose] reasonable restrictions on their fellow residents to accommodate reasonable privacy and other concerns of the residents.”

25 Florida Statutes: DQ1.17 (First Names P-S) In what ways are the Florida statutes more protective of migrant workers’ rights than the regime established under Shack?

26 Florida Statutes: DQ1.17 (First Names P-S) Ways the Florida statutes are more protective of MWs’ rights than the regime established under Shack include … Posting Requirement § (6) Retaliation Claim § (Purpose; cf. Landlord-Tenant Law) Looks like only other MWs can limit invited guests § (1) & (2) Explicit about amount of time allowed for access. § (2) Seems to limit O’s legitimate interests to safety, welfare, security, business § (5)  suggests no religious interest In what ways are they less protective?

27 Florida Statutes: DQ1.17 Ways are they less protective include … Types of authorized uninvited guests limited to exclusive list & items on list arguably more constrained. § (6) No open-ended protection of dignity, destiny, needs, etc.

28 Florida Statutes: DQ1.18 (First Names K-M) Statutes often provide clearer guidance than cases because they can incorporate more details and employ more precise language. Identify at least three ways that the Florida statutes are clearer than the regime established under Shack.

29 Florida Statutes: DQ1.18 (First Names K-M) Ways that the Florida statutes are clearer than the regime established under Shack include … Authorized uninvited guests limited to exclusive list. § (6) Explicit treatment of religious visitors. § (6)(c) Clear distinction between invited & uninvited guests. § (1) & (2) Explicit list of O’s legitimate interests. § (5) Identify at least three places that the Florida statutes employ language that is ambiguous or vague.

30 Florida Statutes: DQ1.18 (First Names K-M) Identify at least three places that the FL statutes employ language that is ambiguous or vague. Ambiguous = more than one possible meaning The government sanctioned his behavior. Vague = meaning is imprecise or unclear well The government handled his behavior well

31 Florida Statutes: DQ1.18 (First Names K-M) Places that the FL statutes employ language that is ambiguous or vague include … § (1), (2), (5), (7): “reasonable request;” “reasonably related to;” “reasonable restrictions.” § (6)(b): “sole purpose” § (6)(c): see DQ 1.19(b) § (6)(e): “funded by local, state, or federal funds”

32 Florida Statutes: DQ1.19(a) (First Names K-M) Under the Florida statutes, can a farm owner exclude any of the following people if not specifically invited by a migrant farmworker (be prepared to identify the specific statutory provision that best resolves the question): (a)Members of the Press (not explicitly listed): Any way to get at least some individual reporters in?

33 Florida Statutes: DQ1.19 (a) Under the Florida statutes, can a farm owner exclude any of the following people if not specifically invited by a migrant farmworker (be prepared to identify the specific statutory provision that best resolves the question): (a)Members of the Press: Maybe if individual grant money to do story on MWs?


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