1. 2-14-17 VALENTINE’S DAY (Except in Pakistan) NATIONAL ORGAN DONOR DAY
PROPERTY A SLIDES
VALENTINE’S DAY (Except in Pakistan)
NATIONAL ORGAN DONOR DAY

2. Arias * Bistritzky Delancy
Tuesday February 14 Music to Accompany Tim’s Party: 90’s Dance Party Hits
Lunch Today:
Meet on 12:25
Arias * Bistritzky Delancy
Finkel * Roman
Logistics:
This Week Only: DF Session Thursday Shifted to Friday (12:30 in Room G363)

3. JMB: Access & Permissible Regulations (Cont’d) OLYMPIC: DQs 1.26
EEL GLACIER

4. JMB, Schmid & Scope of Right to Exclude RECAP of DQ1.26 (a) & (b)
(a) What Malls Covered by JMB Rules
Almost Certainly All “Large” Malls
For Smaller Malls, Under Schmid Could Check:
Extent of Invitation
Compatibility Issues (Level of Likely Disruption; Appropriate Places to Protest, etc.)
(b):Do all political/protest groups have to be treated alike?
Common Sense: Can exclude if signif. problems during past visits.
Basis in 1st Amdt suggests treating all groups/messages the same.
Possible Special Issue We’ll Address in a Few Minutes

5. Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
DQ1.26(c) (Olympic): Under JMB, what kinds of limits or requirements can the mall impose on protestors?
Possible Examples?
[Then We’ll Look at Language from Case]

6. JMB, Schmid & Scope of Right to Exclude DQ1.26(c) (Olympic):
Under JMB, what kinds of limits or requirements can the mall impose on protestors? Possible Examples:
Must stay in designated area.
Limit on # of protestors per group.
Limits re noise level, politeness, etc.
Limits on “adult content” of [at least] photos in leaflets/on signs
Must clean up leaflets left around
Reasonable deposit for [plausible/provable] clean-up/security costs.

7. Most important phrase likely is …
Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
DQ1.26(c) (Olympic): Under Language of JMB, what kinds of limits or requirements can the mall impose on protestors?
Most important phrase likely is …
Malls have “full power to adopt … time, place & manner [restrictions] that will assure … that … leafletting does not interfere with the shopping center’s business while … preserving the effectiveness of plaintiff’s exercise of their constitutional right.” (P91 right before §C)
Time, Place & Manner [“TPM”] Restrictions = Standard 1st Amdmt Category (in contrast to Subject Matter or Viewpoint Restrictions)

8. Other Evidence from JMB re Allowable Limits?
Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
DQ1.26(c) (Olympic): Under JMB, what kinds of limits or requirements can the mall impose on protestors?
Most important phrase likely is …
(P91): Malls have “full power to adopt … time, place & manner [restrictions] that will assure … that …
leafletting does not interfere with the shopping center’s business while
preserving the effectiveness of P’s exercise of their constitutional right.”
Incorporates/balances interests of both sides.
Other Evidence from JMB re Allowable Limits?

9. Other Evidence from JMB?
JMB, Schmid & Scope of Right to Exclude DQ1.26(c): Permissible limits or requirements?
Other Evidence from JMB?
General standards
P86 “reasonable conditions”
P89 describing Schmid: “reasonable regulations”
P90 quoting Schmid: “suitable restrictions”
P86: case seems to be limited to passing out leaflets & related activity; suggests, e.g., might be OK to ban harassment or loud noises
P87: conditions noted that presumably go too far
can’t approach shoppers 
insurance coverage FOR $$1m+ 

10. Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
DQ1.26(c): Permissible limits or requirements?
Additional Info from Green Party (NJ 2000) (Note
General standards
P95: [Again] Balance rights of both sides in evaluating regulations
P95: Fairly allocated fee OK if “objectively related” to evidence of real costs stemming from leafletting [and presumably other speech activity]
Conditions rejected 
insurance coverage for $$1million 
“requirement of ‘hold harmless clause’”  Means?
Limit on access to a “few days” per year 

11. Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
DQ1.26(b): Do all protest groups have to be treated alike?
Common Sense: Can exclude if significant problems during past visits.
Basis in 1st Amdt suggests treating all groups/messages the same.
Hard Q not addressed in JMB or Pruneyard:
Can owners treat protestors differently if targeting particular stores in mall?
Arguments for Different Treatment: Front 3 Rows
Arguments for No Different Treatment: Back 3 Rows & “Balcony”

12. Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
Hard Q not addressed in JMB or Pruneyard:
Can owners treat protestors differently if targeting particular stores?
(Issue Arises in Rev. Prob. 1J & 1M)
See Fashion Valley Mall v. NLRB, 172 P.3d 742 (Cal. 2007)
Forbids mall from excluding peaceful protestors because they are requesting that shoppers boycott a particular mall tenant.
No specific info on whether mall is allowed to place special restrictions on where protestors can operate in relation to targeted business, so room for discussion on what limits might be reasonable.

13. Permissible Requirements
Right to Exclude: Parcels Open to the Public JMB, Schmid & Scope of Right to Exclude
Qs on
Permissible Requirements
or JMB?

14. Chapter 2. Leased But Not Last: Selected Issues in Landlord/Tenant Law
The Importance of Context: (Brief Intro Lecture )
The Landlord’s Right to Exclude (& Legitimate Interests of Tenants)
Eviction Under the Florida Statutes
Statutory Anti-Discrimination Law
The Right to Transfer
Habitability & Related Issues

15. Importance of Factual Context: Legitimate Interests of TNTs/LDLDs
Types of Problems We’ll Address Require Thought re Parties’ Interests
Interpretation of Landlord-Tenant Statutes
Interpretation of Lease/Contract Provisions
Legal Limits on Ability to Lease/Contract (Default Rules/Non-Waivable Rights)

16. Importance of Factual Context: Legitimate Interests of TNTs/LDLDs
Types of Problems We’ll Address All Require Thought re Parties’ Interests
Nature & Strength of Interests Can Vary with Different Types of Leases/Parties; Think About How/Whether Rules Should Chasnge with Context, Especially
Residential v. Commercial [v. Agricultural v. Industrial]
Sophisticated v. Unsophisticated Parties (Relative Bargaining Power)

17. Importance of Factual Context: Legitimate Interests of TNTs/LDLDs
Types of Problems We’ll Address All Require Thought re Parties’ Interests
Interests Can Vary with Different Types of Leases/Parties; Should Rules
1st Part of Chapter Addresses Limits on Landlord’s Rt to Exclude (LRE)
You’ll Recognize Some Ideas from Unit I
LRE at Start of Tenancy Limited by Anti-Discrimination Statutes (Arising from Public Invitation & Important Public Interest like JMB)
LRE After Start of Lease to Evict or to Control Transfers by Tenant Limited by Tenant’s Contract (& Property) Rights (Reminiscent of Shack)

18. Chapter 2. Leased But Not Last: Selected Issues in Landlord/Tenant Law
The Importance of Context: (Brief Intro Lecture Tomorrow)
The Landlord’s Right to Exclude (& Legitimate Interests of Tenants)
Eviction Under the Florida Statutes
Statutory Anti-Discrimination Law
The Right to Transfer
Habitability & Related Issues

19. Eviction Under FL Statute [For Problem Other Than Failure to Pay Rent]
Termination of rental agreement …
(2) If the tenant materially fails to comply with §83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations …
[L FIRST must show
material violation of either
the part of the statute detailing tenant duties -OR-
The lease or the L’s reasonable rules & regulations

20. Eviction Under FL Statute [For Problem Other Than Failure to Pay Rent]
Termination of rental agreement …
(2) [Once L shows material violation of statute, lease, or rules, need to determine which of two available options applies]:
(a) [Terminate immediately] If such noncompliance is of a nature that the T should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the L of a similar violation [such as list of examples]
(b) [Give Seven Days to Cure & Terminate if Not Cured or Repeated w/in one Year] If such noncompliance is of a nature that the T should be given an opportunity to cure it, [such as list of examples]

21. Choice under 83.56(2) of (a) or (b)
Example of Common Statutory Problem
Statute Creates Two Non-exclusive Categories; Into Which Category Does Relevant Conduct Fit?
Common Types of Argument for This Kind of Issue:
Literal: Within language of either (a) or (b)?
Comparison : More like terms listed in (a) or in (b)? [Characterization issue.]
(III) Policy Should this behavior (without more ) be enuf for eviction [Think about relevant interests of both Ldld & Tnt.]

22. Review Problem 2A (Tim’s Party) SEQUOIA (for L): SubQs 1, 3, 6 ACADIA (for T): SubQs 2, 4, 7
SEQUOIAS
ACADIA SUNRISE

23. Intro to Review Problem 2A: Tim’s Party
Tim = Tnt/College Student (No Prior Violations of Lease or Statute)
Holds Big Party at Apt.  Noise; Police Arrest 2 Friends
Can Linda (Landlord) Evict Tim for the Party?
First, L must show material violation of statute, lease, or rules
EASY Q: Told to Assume Conduct Violates 83.52(7)

24. Intro to Review Problem 2A: Tim’s Party
Tim = Tnt/College Student (No Prior Violations of Lease or Statute)
Holds Big Party at Apt.  Noise; Police Arrest 2 Friends
Can Linda (Landlord) Evict Tim for the Party? (= Statutory Violation)
Then, to Evict Immediately, L Must Show T’s Conduct Falls Under (2)(a);
T Will Argue It Falls Under (2)(b), So He Just Gets a Warning Notice (Nothing to Cure Here).
Both Parties Will Utilize Three Types of Arguments Noted Yesterday (Literal. Comparative, Policy)

25. Review Problem 2A Literal: Within language of either (a) or (b)?
Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance.
Examples [that TNT should be given opportunity to cure] include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.
Here, Easy Q not within language of either.

26. Rev. Prob. 2A: Qs 1 (Sequoia) & 2 (Acadia)
(II) Comparison: More like items listed in (a) or (b)?
Characterization Exercise
… destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance.
… having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

27. Rev. Prob. 2A: Qs 1 (Sequoia) & 2 (Acadia)
(II) Comparison: More like items listed in (a) or (b)?
Characterization Exercise: Possibilities Include…
… destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance.
… having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.
(a) = Harm Serious & Intentional
(a) = Immediate Physical Harm
(b) = More Easily Fixed

28. Rev. Prob. 2A: Qs 3 (Sequoia) & 4 (Acadia)
(III) Policy: Should this behavior be sufficient for a landlord to evict without more?
(Think about relevant interests of both Ldlds & Tnts)
EXAMPLES?

29. Rev. Prob. 2A: Qs 3 (Sequoia) & 4 (Acadia)
(III) Policy: Should this behavior be sufficient for a landlord to evict without more?
General Policy Concerns: What’s at Stake
TNT in Q: Housing (Shelter; Psychic Ties; Convenience); Fairness
LDLD & Other TNTs: Safety; Quiet; Preservation of Building & Personal Property; Financial Interests

30. Rev. Prob. 2A: Qs 3 (Sequoia) & 4 (Acadia)
(III) Policy: Should this behavior be sufficient for a landlord to evict without more?
General Policy Concerns: What’s at Stake
TNT in Q: Housing; Fairness
LDLD & Other TNTs: Safety; Quiet; Preservation of Property; $$$
Note Overlap w Other Types of Arguments : Policy Concerns Can Explain:
Why Literal Terms Should be Read to Include Conduct (or Not)
Significance of Comparisons

31. Review Problem 2A: SKILLS & EXAM TECHNIQUE
I have given this problem both as a short exam problem and as a written assignment in the multi-part format I gave you.
I’ll Post Both Sets of Best Student Answers.
For both forms, two other possible tasks:
Strongest Position (Q5)
Additional Facts (Q6&7)

32. Review Problem 2A: Q5 SKILLS & EXAM TECHNIQUE
Strongest Argument (Q5): Helpful on Exams to Conclude a Discussion by Briefly Arguing Which Overall Position is Strongest
To Substantially Upgrade Your Answers
Do Overall for Short Problems (XQ2)
Do for Major Contested Issues in Issue-Spotters (XQ4)
Today Leave for You

33. Review Problem 2A: Qs 6 & 7 SKILLS & EXAM TECHNIQUE
Additional Useful Facts (Qs 6 & 7):
Often Helpful on Exams to Identify Unstated Facts That Might Affect the Outcome IF
They Aren’t Inconsistent with Stated Facts;
They Don’t Drastically Change the Problem. Here, e.g.,
Don’t add conduct that itself leads to eviction (damage; murder)
Don’t add facts that completely eliminate T responsibility (tied up in closet whole time; extreme duress)
AND You Briefly Clarify Why They’d Be Relevant

34. Review Problem 2A: Qs 6 (Sequoia) & 7 (Acadia)
PRELIMINARY Q:
WHY IS “SPECULATIVE” A DIRTY WORD?
Additional Useful Facts (and Why)
(one fact per person please!)

35. Florida Statutory Question Like 2A (Prepare Literal; Comparison; Policy)
Rev Prob 2B: DF Next Week
Rev Prob 2C: For You (Can Submit as Spring Break Sample Answer)
Part of Tempest Problem: Week After Next
Part of 2016 XQIV