1. 1-28-19 National Bubble Wrap Appreciation Day
PROPERTY B SLIDES
National Bubble Wrap Appreciation Day

2. More Music to Accompany Shack: Cher, Gypsys, Tramps & Thieves (1971)
1st Dean’s Fellow Sessions More Work on DQ1.15 Today = Brendan (After Class Here) Wed = Lauren
Lunch Tomorrow
Meet on 12:25
Baldecchi * Borroto
Echevarria * Heller * Loftus
Napolitano * Zipper

3. MONday Pop Culture Moment
As Valentine’s Day Approaches:
Way Too Much
[Part One]

4. Every kiss begins with Kay®

5. Third Wife of Henry VIII
and 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
“Behind Every Open Heart is a Story”

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

8. Recap (Every Monday) Previously in Property B
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

9. Previously in Property B
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

10. B 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 B

11. Previously in Property B
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.

12. APPLYING SHACK: DQ1.15a (Last Names R-Z):
A worker wishes to have a spouse or long-term partner stay overnight on the premises.
In DF Today/Wednesday:
Factual Comparison with Shack Ds & Press

13. APPLYING SHACK: DQ1.15a (Last Names R-Z):
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?

14. APPLYING SHACK: DQ1.15a (Last Names (R-Z):
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?

15. 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?

16. APPLYING SHACK: DQ1.15b (Last Names A-B):
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 Today/Wednesday:
“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-B):
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-B):
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-B):
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-B):
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 C-E/F-K)
DQ1.15: Extension to New Situations
Review Problems
Rev. Prob 1A (Last Names C-E/F-K)
Rev. Prob. 1B (Badlands & Everglades) (Wednesday)

22. APPLYING SHACK: Problem 1A (Last Names C-E/F-K):
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 C-E/F-K):
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?

24. Problem 1A (Last Names C-E/F-K):
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.”
Is greater familiarity with English something MWs “need”?
If G excluded LON, would G be depriving MWs of “practical access” to greater familiarity with English?