PROPERTY D SLIDES
1-28-14
Tues Jan 28 Music:
Rolling Stones, Sticky Fingers (1971)
Lunch Today (Meet on Bricks @ 12:25):
Alvarez; Brown; Caruso; Sattler; Warren
If Yesterday You Did Not Fill Out List for You to
Provide Contact Info, Do So at Break or After Class
PROPERTY D (1/28)
Right to Exclude & MWs cont’d
•
DQ115(a) cont’d (Fajer)
•
DQ115(b) Last Names G-H
•
Review Problem 1A
•
Review Problem 1B
•
Florida Statutes & DQ1.16-1.19
APPLYING SHACK: DQ1.15a
A worker wishes to have a spouse or longterm partner stay overnight on the premises.
• May not deny MW privacy or intfere w oppty to live w
dignity or enjoy ass’ns customarily enjoyed among our
citizens.
• How well do each of these categories fit here?
APPLYING SHACK: DQ1.15b (Last Names G-H):
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?
APPLYING SHACK: DQ1.15b (Last Names G-H):
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
APPLYING SHACK: DQ1.15b (Last Names G-H):
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.
Factual Similarities & Differences?
APPLYING SHACK: DQ1.15b (Last Names G-H):
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 or policy behind
What Result Does This List Suggest?
PROPERTY D (1/28)
Right to Exclude & MWs cont’d
•
DQ115(a) & (b)
• Review Problem 1A Last Names I-O
•
Review Problem 1B
•
Florida Statutes & DQ1.16-1.19
APPLYING SHACK: Problems 1A-1B
GENERAL NOTE
• Slides that follow lay out significant Qs, but our discussions
did not tightly follow these Qs in the order presented here.
• I’ll provide comments & best student answers to these
problems in a future Info Memo
• E-Mail me if Qs about my in-class comments or about
arguments we didn’t get to.
APPLYING SHACK: Problem 1A (Last Names I-O):
• 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.
APPLYING SHACK: Problem 1A (Last Names I-O):
• 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?
APPLYING SHACK: Problem 1A (Last Names I-O):
• 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.
“[T]he employer may … not deprive the migrant worker of
practical access to things he needs.”
• Are English lessons things MWs “need”?
• If G excluded LON, would G be depriving MWs of “practical
access” to lessons?
APPLYING SHACK: Problem 1A (Last Names I-O):
• 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.
• In what ways would LON potentially interfere with G’s
legitimate interests?
• Is the potential interference sufficiently large that G should
be able to exclude LON?
APPLYING SHACK: Problem 1A (Last Names I-O):
• 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?
PROPERTY D (1/28)
Right to Exclude & MWs cont’d
•
DQ115(a) & (b)
•
Review Problem 1A
• Review Problem 1B Last Names P-Z
•
Florida Statutes & DQ1.16-1.19
APPLYING SHACK: Problem 1B (Last Names P-Z):
•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
APPLYING SHACK: Problem 1B (Last Names P-Z):
• 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?
APPLYING SHACK: Problem 1B (Last Names P-Z):
• 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?
APPLYING SHACK: Problem 1B (Last Names P-Z):
• 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?
PROPERTY D (1/28)
Right to Exclude & MWs cont’d
•
DQ115(a) & (b)
•
Review Problem 1A
•
Review Problem 1B
• Florida Statutes & DQ1.16-1.19
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, 4, 6
• I will talk explicitly about how analysis is different
from common law or Constitutional Law
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
• On closed book exam, I’ll provide relevant text.
Intro to Working with Statutes
• Only way toreally learn statutes is detailed
problems; otherwise, you speed-read
• First example is FL statute re Housing for MWs
• Look at differences in substantive choices from NJ
• Look at ways statute operates differently than case
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.
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]
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.”
• Exclusive: “For purposes of this act, ‘winter months’
means October, November, December, January,
February, March and April.”
Florida Statutes: DQ1.16
Under the Florida statutes, what penalties can the
state impose when a farm owner improperly denies
access to the migrant workers’ living areas?
•
•
•
Revoke permit. §381.0085
Fine if operating w/o permit. §381.0081(4)
Injunction after Civil action by “person prevented from
exercising rights guaranteed by this section.” §381.00897(4)
• Looks like either MWs or persons trying to enter can sue