PROPERTY A SLIDES 2-16-17 NATIONAL ALMOND DAY

Music to Accompany Sorenson: Boz Scaggs, Silk Degrees (1976) Lunch Tomorrow Meet on Bricks @ 12:25 Delgado * Dilts * Hynes Mitchell * Picollino Poo * S. Stone Logistics: This Week Only: Thursday DF Session Shifted to Tomorrow @ 12:30 (Room G363) I Will Update & Extend Assignment Sheet Over the Weekend

EVERGLADES: Review Problem 1L(S15) EGRET IN MANGROVE SWAMP

Review Problem 1L: Short Problem (Overview) BB owns “Panthers” (= major legue baseball team); owns & just opened new ballpark built with extensive gov’t cooperation/$$. CC hosts local sports radio call-in show; has attacked gov’t role in getting stadium built. CC buys season tickets rather than using press passes to go to games at the ballpark. For 1st game at new ballpark, CC wore shirt that said, “Panthers are Parasites.” BB officials let her in only after making her put a sweatshirt on over the protest shirt. Once inside, CC removed the sweatshirt. TV coverage repeatedly showed the protest shirt. BB refuses to let her back into the stadium wearing a protest shirt.

Review Problem 1L: Short Problem (General Points) Based on actual behavior of Marlin’s management (typically & stupidly) excluding protestors during first year new stadium was open. Lots of 2016 students wrote very one-sided answers (about evenly split in support of each party).

Review Problem 1L: Short Problem (Everglades) Schmid Test (P90) (1st Two Prongs) Normal Use of Private Property in Q (2) Extent & Nature of [Public] Invitation Schmid creates separate prongs, but JMB addresses together. WHY? In Schmid, the private property at Princeton had “normal use” (as college campus) separate from public invitation to speaker events. In JMB, the areas open to the public at malls really have no “normal use” separate from what public was invited to do there. [Same likely true of ballpark.]

Review Problem 1L: Short Problem (Everglades) Schmid Test (P90) (1st Two Prongs) Normal Use of Private Property in Q (2) Extent & Nature of [Public] Invitation Ballparks have areas not open to public (field, offices, locker rooms) and sometimes are used for graduations, Papal visits, Adele concerts, etc. However, your focus should be on access sought here, which is just for public areas during professional baseball games.

Review Problem 1L: Short Problem (Everglades) Schmid Test (P90) (1st Two Prongs) Focus on Public Areas of Ballpark during Professional Baseball Games Normal Use of Private Property in Q (2) Extent & Nature of [Public] Invitation (Not just who was invited, but what they are invited to do at the stadium)

Review Problem 1L: Short Problem (Everglades) Schmid Test (P90) (Third Prong) (3) “[P]urpose of the expressional activity … in relation to both the public & private use of the property” This factor: “examines the compatibility of the free speech sought with the uses of the property.” JMB seems to focus on whether speech causes objective harm to existing uses.

Review Problem 1L: Short Problem (Everglades) Schmid Test (P90) (Third Prong) Focus on Public Areas of Ballpark during Professional Baseball Games (3) “[P]urpose of the expressional activity … in relation to both the public & private use of the property” [Compatibility] First Amendment Activities Generally? T-Shirts with Messages?

Review Problem 1L: Short Problem (Everglades) Other Ways to Approach Problem JMB Applying Schmid : Discuss Partes’ Interests What Harm(s) to BB Might Arise from T-Shirts with Messages During Games Generally? From CC Wearing Her Protest Shirt? How Substantial are These Harms Likely to Be? How Important to Speakers Effectively Getting Their Messages to the Public is Free Speech Activity at Ballparks During Games? How Important to CC in Particular?

Review Problem 1L: Short Problem (Everglades) Other Ways to Approach Problem Interesting Q you could address briefly in a concluding ¶: What to do If neither party’s interests are very strong? Reasonable student suggestions as to default position: Importance of Right to Exclude  Default = No Access Significant Public Funding  Default = Access Could Also Discuss Significant Similarities/Differences from Facts of JMB/Schmid (I’ll leave for you).

Logistics: Write-Ups Available New Info Memo #3 (re Chapter 2) DQ2.01-2.06 Rev. Prob. 2A (Party) Updated Info Memo #2 (re Chapter 1) DQ1.28 Review Problems From Class: 1L & 1M From DF: 1J & 1O(ii)

BADLANDS: Review Problem 1M (S16) NORBECK PASS

Review Problem 1M: Lawyering Overview Client M owns Mall Tenant ES = outlet store for co. accused of using sweatshop labor overseas Prior O allowed protestors to hand out leaflets (w these accusations) near ES store. ES complains protestors drive away customers. M wants to know if she can “do more to satisfy” ES.

Review Problem 1M: Overview M wants to know if she can “do more to satisfy” ES. Keep specific client request in mind Two common problems in exam answers: Qs going to whether M should drop ES as a tenant Outside scope of request (can she help, not should she) Could be relevant to different Q. BUT really more business than legal (would need detailed cost & revenue info to do financial cost/benefit analysis)

Review Problem 1M: Overview M wants to know if she can “do more to satisfy” ES. Keep specific client request in mind Two common problems in exam answers: Qs going to whether claims about ES are true Legal relevance to your client’s concerns? Q’able Factual: How find out if claims are true? Send associate to Indonesia or Moldova to investigate? Client won’t pay for!!

Review Problem 1M (Badlands) Legal Research to Establish the Overall Legal Framework?

Review Problem 1M (Badlands) Legal Research to Establish Overall Legal Framework Basic rule for jurisd. if any; Possibilities? No right to protest at malls (most states) Specific right to protest at malls Depends on mall (compare to facts re this mall) Specific rules re size, etc. Gen’l rule like Schmid (& follow-ups if applicable like “extent of invitation”) If right to protest, info on allowable restrictions

Review Problem 1M (Badlands) Legal & Factual Research Relevant to How the Mall Normally Handles Free Speech Access

Review Problem 1M (Badlands) Legal & Factual Research Relevant to How the Mall Normally Handles Free Speech Access Should Include: Existing Rules & Practices Prior Experience/Difficulties Comparison to What State Law Allows

Review Problem 1M (Badlands) Legal & Factual Research Relevant to The Operation and Effects of These Protests (Including Targeting a Business Operating in the Mall) Relevant Info re Protest & Protestors? Harm to ES? Harm to Other Businesses? Harms to Mall Operation? Related Legal Research?

Right Review Problem 1M (Badlands) I’ll Leave for You Legal/Factual Research Relevant to The Mall Having Allowed These Protesters in the Past & General Information to Help Understand the Situation Look at Comments/Models Posted & E-Mail Me if Qs