1. PROPERTY D SLIDES 1-26-16 National Peanut Brittle Day

2. Tuesday Jan 26: Music: Rolling Stones, Sticky Fingers (1971) Dean’s Fellow Tuesday Sessions Starting Today Shifted to 10-10:50 a.m. Room A110 Lunch Today Meet on Bricks @ 12:25 Celaya * Jacob * Kepler Mason * Pavia Shackleton * Weisz

3. Recap (Every Tuesday) Previously in Property D Right to Exclude Significance Jacque allows punitives w/o compensatory damages to protect Necessity as one limit on right Shack as another limit on right

4. Previously in Property A Right to Exclude Shack v. State Language & Reasoning Court does not rely on Traditional property categories like Necessity or Landlord-Tenant Law Constitutional theories raised by parties Bargaining/Agreements between Employers & MWs

5. Previously in Property A Right to Exclude Shack v. State Language & Reasoning Court does not rely on Necessity, Constitution or Bargaining Relies on its own ability to determine common law of Property in announcing limit on right to exclude in NJ Lot of useful language Re Limits on Employer Right to Exclude Re Protection of Employer Interests

6. Previously in Property A Right to Exclude Shack v. State Language & Reasoning Lot of useful language Re Limits on Employer Right to Exclude Re Protection of Employer Interests Note: Description of Tedesco as “Employer” (rather than “Farmer” or “Landowner”) suggests that employment relationship may be basis of Shack limits.

7. Application of Shack DQ1.15: Extension to New SituationsDQ1.15: Extension to New Situations DQ1.15a (Conjugal Visits) (Last Names A-F)DQ1.15a (Conjugal Visits) (Last Names A-F)(Continued) DQ1.15b (Relig. Outreach) (Last Names G-N) Review Problems Rev. Prob 1A (Acadia & Badlands)Rev. Prob 1A (Acadia & Badlands) Rev. Prob. 1B (Everglades & Olympic) (Thursday)Rev. Prob. 1B (Everglades & Olympic) (Thursday)

8. APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long- term partner stay overnight on the premises. In DF This Week: Factual Comparison with Shack Ds & Press

9. APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long- term partner stay overnight on the premises. LAST TIME: 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?

10. APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long- term partner stay overnight on the premises. “can’t isolate in any aspect significant for workers’ well-being” How “Significant” for MWs’ “Well-Being”? “Isolating” if Employer Denies?

11. APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long-term partner stay overnight on the premises. May not deny/interfere with i.PRIVACY DIGNITY ii.Opportunity to live w DIGNITY iii.ASSOCIATIONS CUSTOMARILY ENJOYED iii.ASSOCIATIONS CUSTOMARILY ENJOYED among our citizens. How Well Does Each Fit Here?

12. Application of Shack DQ1.15: Extension to New SituationsDQ1.15: Extension to New Situations DQ1.15a (Conjugal Visits) (Last Names A-F) DQ1.15b (Relig. Outreach) (Last Names G-N)DQ1.15b (Relig. Outreach) (Last Names G-N) Review Problems Rev. Prob 1A (Acadia & Badlands)Rev. Prob 1A (Acadia & Badlands) Rev. Prob. 1B (Everglades & Olympic) (Thursday)Rev. Prob. 1B (Everglades & Olympic) (Thursday)

13. APPLYING SHACK: DQ1.15b (Last Names G-N): 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. In DF ThisWeek: “Can’t isolate in any aspect significant for workers’ well-being.” “Can’t isolate in any aspect significant for workers’ well-being.” Interference w legitimate interests of landowner? Interference w legitimate interests of landowner?

14. APPLYING SHACK: DQ1.15b (Last Names G-N): 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?

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

16. APPLYING SHACK: DQ1.15b (Last Names G-N): 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. Compare to Shack Dfdts: Factual Similarities & Differences?

17. APPLYING SHACK: DQ1.15b (Last Names G-N): 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 & 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/policy behind (maybe 1 st Amdt). What Result Does This List Suggest?

18. Logistics: Now on Course Page Syllabus for Chapters 1-2 Assignment Sheet (through 2/11) Supplemental Materials for Rest of Chapter 1 and All of Chapter 2 Details of Assignments for Rest of This Week after Review Problem 1B

19. 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, & in ch 6. I will talk explicitly about how analysis is different from common law or Constitutional Law Keep in mind that once state passes statute: Statutory provisions replace/pre-empt Common Law Although there can be caselaw interpreting statute.

20. Intro to Working with Statutes I’ll test statutes significantly I’ll test statutes significantly Two places on exam Two places on exam One of the short problems in Q2 One of the short problems in Q2 In the issue-spotter (Q4) In the issue-spotter (Q4) Means you can avoid both but only at cost of having to do every other Q. 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. See 2014 and2015 exams for examples of how this looks/works. See 2014 and2015 exams for examples of how this looks/works.

21. Intro to Working with Statutes Only way to really learn statutes is detailed problems/Qs; otherwise, you speed-read. Only way to really learn statutes is detailed problems/Qs; otherwise, you speed-read. First example is FL statute re Housing for MWs First example is FL statute re Housing for MWs Useful to compare to NJ Common Law approach: Useful to compare to NJ Common Law approach: Look at differences in substantive choices from NJ Look at ways statute operates differently than case NOTE: For DQs 1.17 & 1.18 NOTE: For DQs 1.17 & 1.18 (comparing NJ with FL), focus on provisions related to who gets to enter farm and to limits owner can impose (as opposed to provisions going to, e.g., quality of housing).

22. Intro to Working with Statutes DQs 1.16-1.19(d) ask detailed Qs about statute. DQs 1.16-1.19(d) ask detailed Qs about statute. Sequoia & Acadia each up for about half of DQs. Sequoia & Acadia each up for about half of DQs. Rest of You: Worth Your Time to Do in Detail Rest of You: Worth Your Time to Do in Detail Forces you to really engage statute. Forces you to really engage statute. Can be good work to do in groups. Can be good work to do in groups.

23. 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.

24. 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]

25. Working with Statutes: Definitions (Inclusive & Exclusive) In Definitions, Look for Distinction between Inclusive & Exclusive Lists Inclusive: [Others might also qualify.] Inclusive: “For purposes of this act, ‘winter months’ includes December, January and February.” [Others might also qualify.] Exclusive: [No others can qualify.] Exclusive: “For purposes of this act, ‘winter months’ means October, November, December, January, February, March and April.” [No others can qualify.]

26. Application of Shack DQ1.15: Extension to New Situations Review ProblemsReview Problems Rev. Prob 1A (Acadia & Badlands)Rev. Prob 1A (Acadia & Badlands) Rev. Prob. 1B (Everglades & Olympic) (Thursday)Rev. Prob. 1B (Everglades & Olympic) (Thursday)

27. ACADIA: Rev. Prob. 1A (Landowner) Acadia Sunrise

28. BADLANDS: Rev. Prob. 1A (MWs/LON) NORBECK PASS

29. APPLYING SHACK: Problem 1A (Acadia/Badlands): 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.

30. APPLYING SHACK: Problem 1A (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. 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?