1. 1-31-17 Yad Drawkcab Lanoitan
PROPERTY A SLIDES
Yad Drawkcab Lanoitan

2. More Music to Accompany Shack: Cher, Gypsys, Tramps & Thieves (1971)
DATES CONFIRMED:
Make-Up Classes
Fri March am
Fri March am
Chapter 4 Test = Mon March am
Lunch Today
Meet on 12:25
Barnett * Delancy
Lafosse * McCollum
Neuman * Regan

3. 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 2-3, & in ch 5.
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 or interacting with statute..

4. Intro to Working with Statutes
I’ll test statutes significantly
Two places on exam
One of the short problems in Q2
In the issue-spotter (Q4)
Means you can avoid both but only at cost of having to do every other Q.
B/c exam is closed book, I’ll provide relevant text.
See posted final exams for examples of how this looks/works.

5. Intro to Working with Statutes
Only way to really learn statutes is detailed problems/Qs; otherwise, you speed-read.
First example is FL statute re Housing for MWs
Useful to compare to NJ Common Law approach:
Look at differences in substantive choices from NJ
Look at ways statute operates differently than case

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

7. Working with Statutes: Definitions (Inclusive & Exclusive)
Key information often found in definition section. E.g.,
§ distinguishes between “invited guests” and “other authorized visitors”
§ explains the difference between those terms.

8. 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]

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

10. Application of Shack DQ1.15: Extension to New Situations
Fact Comparisons
[Logistics]
Application to New Situations Generally (Intro to XQII)
DQ1.15: Extension to New Situations
DQ1.15a (Conjugal Visits) (Last Names F-L)
DQ1.15b (Relig. Outreach) (Last Names A-E)
Review Problems

11. APPLYING SHACK: DQ1.15a (Last Names F-L):
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

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

13. APPLYING SHACK: DQ1.15a (Last Names F-L):
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?

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

15. Application of Shack DQ1.15: Extension to New Situations
DQ1.15a (Conjugal Visits)
DQ1.15b (Relig. Outreach) (Last Names A-E)
Review Problems

16. APPLYING SHACK: DQ1.15b (Last Names A-E):
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.”
Interference w legitimate interests of landowner?

17. APPLYING SHACK: DQ1.15b (Last Names A-E):
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?

18. APPLYING SHACK: DQ1.15b (Last Names A-E):
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:
Recognized Charitable Groups Seeking to Assist
Dominion over Destiny

19. APPLYING SHACK: DQ1.15b (Last Names A-E):
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?

20. APPLYING SHACK: DQ1.15b (Last Names A-E):
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 1st Amdt).
What Result Does This List Suggest?

21. Application of Shack Review Problems Rev. Prob 1A (Last Names O-R/S-Z)
DQ1.15: Extension to New Situations
Review Problems
Rev. Prob 1A (Last Names O-R/S-Z)
Rev. Prob. 1B (Everglades & Olympic) (Thursday)

22. APPLYING SHACK: Problem 1A (Last Names O-R/S-Z):
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.

23. APPLYING SHACK: Problem 1A (Last Names O-R/S-Z):
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?