PROPERTY%20A%20SLIDES

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PROPERTY A SLIDES

• 2-3-15

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Tuesday Feb 3 Music Cyndi Lauper, Twelve
Deadly Sins (1994)

• Lunch Today (Meet on Bricks _at_ 1155)
• Castillo Huang Pierre Santos Sued Tarrash
  Usman
• Office Hours Today Will Start Late
• (1020-1145)

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PROPERTY A (2/3)

• Logistics Recap
• Florida MW Statutes (Contd)
• Property Open to the Public (Yellowstone)
• Generally
• Brooks
• Free Speech Rights (Arches)

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LOGISTICS RECAP

• Course Page Largely Constructed
• Syllabus Assignment Sheet(latter
  forthcoming)
• DF Phone Weekly Coverage
• Supplemental Materials for Chapter 2
• Important Dates
• Shortened Jail Days (2/5 2/10)
• Make-Up Time Extendo-Fridays (2/13, 2/27, 3/20,
  3/27)
• Class Meets 755-945
• DF Slides to 955-1045
• Chapter 4 Test Tuesday 3/24 (Normal Class Time)

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LOGISTICS RECAP

• Chapter 1 Review Problems
• Parts of Q4 Issue-Spotter
• Problem 1K (Part ii)(Thursday)(BISCAYNE)
• Problem 1K (Part i) (Next Tuesday) (Panels TBA)
• Q2 Short Problems
• Problem 1C (DF This Week)
• Additional Short Problem (DF Next Week)
• Parts of Q1 Lawyering
• Problem 1J (Thursday) (REDWOOD)
• Problem 1I (Thursday/Friday) (SHENANDOAH)

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FINAL EXAM QUESTIONSChoose Three of Four

• XQ1 LAWYERING
• XQ2 SHORT ANSWERS (Choose Three of Four)
• XQ3 OPINION/DISSENT
• XQ4 TRADITIONAL ISSUE-SPOTTER

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FINAL EXAM QUESTION 1LAWYERING Q

• E.g., Review Problems 1I-1J (each about 1/3 of a
  60-Minute Q)
• Client Gives You Relatively Brief introduction to
  Set of Problems (Generally 3-4 Subjects)
• Your Job Create a To Do List of Legal Factual
  Research Needed to Advise Client

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FINAL EXAM QUESTION 1LAWYERING Q

• Your Job Create a To Do List of Legal Factual
  Research Needed to Advise Client
• Dont Try to Determine Who Wins By Definition
  You Have Insufficient Info
• Usually Best to Organize by Topic (v. All Legal
  then All Factual).
• Turn Possible Legal Tests into Specific Factual
  Qs (Ill demonstrate for Practical Access to
  Things MWs Need)
• Client probably wants you to negotiate/settle in
  addition to or instead of litigating can ask Qs
  aimed at creative agreements.

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FINAL EXAM QUESTION 1LAWYERING Q

• Your Job Create a To Do List of Legal Factual
  Research Needed to Advise Client
• In Grading, I Reward
• Knowing When There Are Multiple Possible Rules (
  What They Are)
• Imagination What Relevant Evidence Might There
  Be? How Would You Find It? (Xmas Lights Police
  Records)
• Thoroughness Specific Detail

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FINAL EXAM QUESTION 1LAWYERING Q

• Review Problems 1I and 1J Thursday
• To help you approach this new set of tasks, Ive
  added instructions breaking each problem down
  into component parts.
• These are available on the coursed page on
  revised pages S17 in the updated version of the
  Chapter 1 Supplement.

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Previously in Property A

• Right to Exclude MWs
• Shack v. State
• Discussed Aspects of Context of Case
• Doctrinal Comparison to Jacque (DQ1.12)
• Structural Ways for Farmers to Deal With
  (DQ1.13)
• Practiced Applying Case to New Situations
• Florida Statutes on MWs
• Looked at Content Operation
• Compared to Shack

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PROPERTY A (2/3)

• Logistics Recap
• Florida MW Statutes (Contd)
• Property Open to the Public (Yellowstone)
• Generally
• Brooks
• Free Speech Rights (Arches)

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Florida MW Statutes

• DQs 1.19 (b)-(d) (First Names J D)
• DQs 1.19 (e) (f) (DF Sessions This Week)
• Rev. Prob. 1K(ii) (Thursday) (Biscayne)

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Florida Statutes DQ1.19 (b) (First Names J D)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• The members of the religious group described in
  DQ1.15(b) on S7.
• Relevant Statutory Provision is
• 381.008(6)(c) A representative of a bona fide
  religious organization who, during the visit, is
  engaged in the vocation or occupation of a
  religious professional or worker such as a
  minister, priest, or nun.

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Florida Statutes DQ1.19 (b) (First Names J D)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• The members of the religious group described in
  DQ1.15(b) on S7.
• 381.008(6)(c) A representative of a bona fide
  religious organization who, during the visit, is
  engaged in the vocation or occupation of a
  religious professional or worker such as a
  minister, priest, or nun.

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Florida Statutes DQ1.19 (b) (First Names J D)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• The members of the religious group described in
  DQ1.15(b) on S7.
• 381.008(6)(c) A representative of a bona fide
  religious organization who, during the visit, is
  engaged in the vocation or occupation of a
  religious professional or worker such as a
  minister, priest, or nun.

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Florida Statutes DQ1.19(c) (First Names J D)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• (c) The teachers from LON described in Review
  Problem 1A on S8.

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Florida Statutes DQ1.19(c/d) (First Names J D)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• (c) The teachers from LON described in Rev Prob
  1A.
• If receiving funding under (6)(e).
• (d) The pizza delivery people described in Rev
  Prob 1B.
• Why is (d) a bad question?

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Florida Statutes DQ1.19(d) (First Names J D)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• The pizza delivery people described in Rev Prob
  1B.
• Bad Question! Pizza delivery people always are
  invited. Interesting issue Do they fit w/in
  following definition?
• Invited guestAny person who is invited by a
  resident to a migrant labor camp or residential
  migrant housing to visit that resident.

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Florida Statutes Review Problem 1K(ii)

• From Last Springs Final Exam
• Part of larger Issue-Spotter
• You can see how I edit present statutes
• For Thursday
• FF Meet definition of Other Authorized Guest?
• If he does, or if hes Invited Guest, What
  Limits OK?
• By Manager Sam
• By Other MWs
• Interesting Q What does REASONABLE mean here?

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PROPERTY A (2/3)

• Logistics Recap
• Florida MW Statutes (Contd)
• Property Open to the Public (Yellowstone)
• Generally
• Brooks
• Free Speech Rights (Arches)

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Right to Exclude Parcels Open to the Public

• Coverage
• Ability to Reject Paying Customers You Dont
  Like Your Moneys No Good Here.
• Common Law Rules
• Civil Rights Statutes
• Brooks
• Later Right to Exclude v. Exercise of 1st Amdt
  Rights (JMB Schmid )

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Right to Exclude Parcels Open to the Public

• Helpful to See Possible Rules as a Continuum
• Can exclude anyone for any reason
• Can exclude unless falls within specified
  forbidden reasons or circumstances.
• Must accept anyone who shows up w (unless
  specific prior harmful conduct).

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Right to Exclude Parcels Open to the Public

• Helpful to Think About Interests ff Parties
• Owners Interests
• Purpose for Exclusion or Harms from Inclusion
• Can help us see viable less restrictive
  alternatives to complete exclusion.
• Interests of Customers Public
• Purpose for Inclusion or Harms from Exclusion
• Can help us see possible permissible limitations
  on inclusion.

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Right to Exclude Parcels Open to the
PublicCommon Law Approaches

• Simple Version of Continuum Under Common Law
• Can exclude anyone for any reason (Common Law re
  most businesses)
• Must accept anyone who shows up w unless
  specific prior harmful conduct. (Common Law
  Innkeeper).
• Traditional exceptions to Right to Exclude for
  necessity ordinary govt operations mostly
  non-controversial.
• Well focus on rules triggered by nature of
  business, like the Innkeeper Rule

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YELLOWSTONE (DQ1.20-1.23)
GIANT GEYSER
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Right to Exclude Parcels Open to the
PublicInnkeeper Rule DQ1.20 (Yellowstone)

• Professor Epsteins explanation for the common
  law rule that innkeepers and common carriers had
  to accept all paying customers is that the rule
  was needed to counteract monopoly power those
  businesses often had.
• Else can charge extra to customers who are stuck
  (11pm in York)
• If limited of rights to operate business
  granted by govt, services should be available to
  all
• Can you think of other possible explanations?

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Right to Exclude Parcels Open to the
PublicInnkeeper Rule DQ1.20 (Yellowstone)

• Professor Epstein Rule Counteracts Monopoly
  Power.
• Other Possible Explanations Include
• Could View as Moral Duty (See Joseph Mary)
• These services important to states commerce
  wealth even if no monopoly want business people
  to have access
• Possible costs of this rule to the landowner or
  to society?

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Right to Exclude Parcels Open to the
PublicInnkeeper Rule DQ1.20 (Yellowstone)

• Possible Costs of This Rule Include
• Os lose discretion/personal freedom re
  customers cant exclude do to, e.g., politics or
  dislike
• Possible increased security costs cant turn
  away b/c look sleazy or feels off so may need
  more protection
• May raise prices to public

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Right to Exclude Parcels Open to the
PublicCivil Rights Statutes

• General Operation
• They dont protect specified groups of people,
  but everyone
• Prohibit certain types of decisions made on the
  basis of specified characteristics like race,
  sex, religion, disability
• E.g., Title II (P85)
• Covers decisions about access by listed types of
  businesses (hotels, restaurants, etc.)
• on the ground of race, religion or national
  origin
• State Statutes often broader in reach covering
  more forbidden characteristics and more types of
  businesses or transactions

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Right to Exclude Parcels Open to the
PublicCivil Rights Statutes

• Updated Continuum
• Can exclude anyone for any reason (Common Law re
  most businesses)
• Can exclude for any reason except limited list of
  forbidden characteristics (Civil Rights Statutes)
• Must accept anyone who shows up w unless
  specific prior harmful conduct. (Common Law
  Innkeeper Rule).

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Right to Exclude Parcels Open to the
PublicCivil Rights Statutes DQ1.21
(Yellowstone)

• What are the justifications for Civil Rights
  statutes prohibiting discrimination regarding
  access to public accommodations?
• What policy considerations might explain the
  exceptions to Civil Rights statutes that allow
  discrimination by private clubs?

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Right to Exclude Parcels Open to the
PublicDQ1.21 Private Club Exceptions to Civil
Rights Statutes

• Standard Explanation
• Entitled to some relatively private place to
  meet/assemble where you can exercise a greater
  right to exclude (e.g., IRA supporters British)
• Avoiding forced association
• Cynical Partial Explanation Congress regularly
  exempts itself.
• Should these exceptions exist?
• For many commentators, turns on access to power
• Economic Political maybe Social
• Women gain access to JCs b/c business deals made
  there
• Eating Clubs at Princeton similar concerns re
  power

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PROPERTY A (2/3)

• Logistics Recap
• Florida MW Statutes (Contd)
• Property Open to the Public (Yellowstone)
• Generally
• Brooks
• Free Speech Rights (Arches)

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Right to Exclude Parcels Open to the Public
Brooks

• Procedural Posture
• US Court of Appeals for 7th Cir (Wisc, Ill, Ind.)
• Federal Court b/c Diversity Jurisdiction (P79)
• Ps Pennsylvania Citizens
• D Illinois Corporation
• Under Erie, Federal Court applies state law
• Job is to determine what Illinois would do
• Court clearly not very sympathetic to D, but not
  operating on clean slate
• Questions?

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Right to Exclude Parcels Open to the
PublicBrooks DQ1.22 (Yellowstone)

• Purpose of Exclusion Less Restrictive
  Alternatives
• DQ1.22 If their right to exclude is limited,
  what are the possible harms to the landowners in
  Brooks?

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Right to Exclude Parcels Open to the
PublicBrooks DQ1.22 (Yellowstone)

• Purpose of Exclusion Less Restrictive
  Alternatives
• Possible Harms to O in Brooks Include
• Professional Gamblers (Maybe) Organized Crime
• Reputed presence might discourage others from
  betting
• Actual presence increases risk of actual crime
• Expertise Access to Funds ? Loss of for O?
• Should we treat this potential loss as a
  significant concern?

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Right to Exclude Parcels Open to the
PublicBrooks DQ1.23 (Yellowstone)

• Purpose of Exclusion Less Restrictive
  Alternatives
• Expertise Access to Funds ? Possible Loss of
  for O Significant Concern?
• Could Characterize as
• Inevitable Risk of This Business (i.e. Tough!)
  OR-
• Potential Catastrophic Loss O Should Be Able to
  Limit
• Fact on P79 Ps lost 110 out of 140 betting days
  
• Why does court include this fact?
• Argument that this fact is not very significant?