LOGISTICS

1
LOGISTICS

• On Course Page General Final Exam Info, Office
  Hours, Review Session Times, etc.
• Registration
• Remember to Check System Before Registration Time
  for Seats Remaining in Courses
• More Business Associations Seats Being Added
• Ill Be Here Today Until 6pm Tomorrow from 8am
• Boston

2
Review Problem 6F(S152)Opinion/Dissent

• State Supreme Court in Prior Case
• Where Commercial Lease Required Landlords
  Consent to Transfer, the Landlord could not
  withhold consent Unreasonably
• Did not rule on whether T could expressly waive
  this reasonableness requirement
• Lease Here Tenant may not transfer its interest
  in this lease without permission of the Landlord,
  which permission maybe withheld for any reason at
  all.

3
Review Problem 6F(S152)Opinion/Dissent

• Two Issues
• Is Reasonableness Requirement Waivable? (DENALI
  Today)
• If Not, Were Ls Reasons for Denying Consent
  Reasonable (EVERGLADES Tomorrow)

4
DENALI Rev.Prob.6F(A) Is Reasonableness
Requirement re Consent to Transfer Waivable?
Denali Caribou
5
EVERGLADES Rev.Prob.6F(B) Were Ls Reasons for
Denying Consent Reasonable?
EGRET IN MANGROVE SWAMP
6
EVERGLADES Rev.Prob.6F(B) Were Ls Reasons for
Denying Consent Reasonable?

• L refuses T attempt to transfer lease rights to
  PP no problem w financial credentials BUT
• CEO of PP was outspoken public advocate of
  political positions L sharply disagreed with
• 5 years earlier, had denied same lease to PP
• Task Should provide substantive arguments for
  and against each of the two reasons at issue
• Could choose to follow cases we read, (e.g., Funk
  limiting to economic Qs) but need to defend
  choice
• Could try to craft new general rules, then follow

7
EVERGLADES Rev.Prob.6F(B) Were Ls Reasons for
Denying Consent Reasonable Political Differences

• L refuses T attempt to transfer lease rights to
  PP no problem w financial credentials BUT
• CEO of PP was outspoken public advocate of
  political positions L sharply disagreed with
• 5 years earlier, had denied same lease to PP

8
EVERGLADES Rev.Prob.6F(B) Were Ls Reasons for
Denying Consent Reasonable Prior Rejection

• L refuses T attempt to transfer lease rights to
  PP no problem w financial credentials BUT
• CEO of PP was outspoken public advocate of
  political positions L sharply disagreed with
• 5 years earlier, L had denied same lease to PP

9
Rev.Prob.6F(B) Reasonableness Note on Yeshiva
Univ. (Note 3 P706)

• L wanted to exclude Planned Parenthood b/c of
  religious concerns re providing contraception
• Language from case (must be relevant to any
  Landlord) suggests religious concerns not OK.
• BUT also issue of inconsistent application by L
• Birth control courses taught in Hospital run by L
• So doesnt look like bona fide religious concern
• Asked if hospital courses were embarassment to L,
  official replied, Well, they're in the Bronx."

10
GLACIER Rev.Prob.6G Evidence of Discrimination
Glacier Mountain Lion
11
GLACIER Rev.Prob.6G Evidence of Discrimination

• Possible Discriminatory Reasons for Rejection
• Religion (Not Jewish Enough)
• Inter-Racial or Inter-Faith Relationship
• Israeli
• Possible Non-Discriminatory Reasons?
• Significance of Specific Facts?
• Rebecca Regularly wears Star of David
• Chris wears an earring in the shape of a cross
• Ben says Black, Red, Green, Whatever. No
  Problem.
• Rebecca says Part of the reason I left Israel is
  so I dont have rabbis watching everything I do.
  

12
GLACIER Rev.Prob.6G Evidence of Discrimination

• Other Evidence Supporting Discriminatory Reasons?
• Other Evidence Supporting Non-Discriminatory
  Reasons?
• Stronger Position Overall? Because?

13
Chapter 7 Easements

• Overview Terminology
• Interpreting Language
• Easement v. Fee
• Scope of Express Easements
• Implied Easements
• By Estoppel
• By Prescription
• By Implication and/or Necessity

14
Chapter 7 Easements

• Overview Terminology
• Easement Right to Use Land Owned by Someone
  Else for Specific Purpose (e.g., Right of Way)
• Basic Background Info in Readings
• Key Vocabulary
• Express v. Implied Easements
• Positive v. Negative Easements
• Appurtenant v. In Gross
• Dominant Tenement (Holding) v. Servient Tenement