2-11-19 NATIONAL PEPPERMINT PATTY DAY PROPERTY B SLIDES 2-11-19 NATIONAL PEPPERMINT PATTY DAY

Alonso * Bell * Chirinos Dostie * Klubok * Padron Rivasi Monday February 11 Music to Accompany Tim’s Party: 90’s Dance Party Hits Lunch Tomorrow: Meet on Brix @ 12:25 Alonso * Bell * Chirinos Dostie * Klubok * Padron Rivasi Next Few DF Sessions: Currently: Rev Prob 1M Brendan Monday @ 9:40 Here Lauren Wednesday @ 9:40 Here Next: Rev Prob 2B (Brendan) Friday TBA Next Monday @ 9:40 Here

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Previously in Property B Right to Exclude & MWs: Under Shack: Rev. Prob. 1C (AMIT; in DF) FL Statutes Review Problem 1I (Wizard; in DF) 1st Lawyering Problem: [Intro to XQ1] Rev.Prob. 1N (Religious/Social Event)

Previously in Property B Rt to Exclude & Parcels Open to Public Your Money’s No Good Here: Continuum Common Law (No Limits or Innkeeper’s Rule) Civil Rights Statutes Brooks JMB,Schmid & 1st Amdt Access to Pvt Ppty JMB & Access to Malls (& Rev Prob 1J) Schmid & Intro to More General Access Qs

Previously in Property B Brief Introduction to Chapter Two Importance of Context Florida Statute 83.56(2) & Landlord’s Right to Evict (except for failure to pay rent)

Note on Range of Short Problems Some: Focused Application of Particular Authority Shack Problems 1A-1G Ldld-Tnt Problems 2A-2C Under Fl. Stat. Some: Mostly Policy Qs Problem 1J: What should rules be for protests adjacent to target Some: In-Between Problem 1L: Application of Schmid/JMB plus What Access to Sports Stadium Makes Sense

Review Problem 1L: Short Problem (Everglades) Free Speech Access to Professional Baseball Stadium Asked if Os Can Exclude Person Wearing “Protest Shirt”, so Primarily About Access (Not Regulations) Told Schmid/JMB Govern, so Brooks Not Relevant Calls for Application of 3 Parts of Schmid Test Think About Strength of Relevant Interests of Os and of CC (the Protesttor)

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).

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

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: On Course Page Instructions for Submitting Exam Qs for Review In Exam Section at Bottom Importance of Reading Instructions & Lawyers First Version of Info Memo for Chapter One Comments/Model Answers for Rev Probs 1A-1D. More to Follow Soon; Watch Course Page Q re Brendan’s Friday DF

FINAL EXAM QUESTIONS Choose Three of Four XQ1: LAWYERING XQ2: SHORT ANSWERS (Choose Three of Four) XQ3: OPINION/DISSENT XQ4: TRADITIONAL ISSUE-SPOTTER Rev. Prob. 1P is 1st Example (About Half of 60-Minute Q)

FINAL EXAM QUESTION 4 ISSUE-SPOTTER Generally 2-4 Major Subjects, Sometimes Specifically Identified in Sub-Questions Long Fact Pattern (Unlike XQ1, Not Broken Up into Sepate Sections by Topic) At Least One Statutory Issue Look at Examples in Posted Exams

FINAL EXAM QUESTION 4 ISSUE-SPOTTER Relevant Skills Include … Recognizing Relevant Legal Issues in Long Story * Identifying Most Important (= Most Contested) Topics & Making Best Arguments for Each Party Recognizing Significance of Facts in Problem (Focus of Work with Acadia on Wednesday) Presenting Analysis in Organized Way Working with Relevant Statute[s]

LDLD SELECTION OF TNTs: OVERVIEW L Ability to Select Ts = Significant Aspect of L’s Property Rights Can See as Part of Right to Exclude Can See as Right to Use Land in Way that L Sees as Most Beneficial (Economically & Otherwise)

LDLD SELECTION OF TNTs: OVERVIEW L Ability to Select Ts = Significant Aspect of Property Rights Current Limits on L Selection Designed to Further Other Important Interests Anti-Discrimination Law: Inclusion & Access T’s Right to Transfer Alienability T’s Economic & Fairness Interests

LDLD SELECTION OF TNTs: OVERVIEW Two Relevant Time Frames At Start of New Lease Common Law: L Had Complete Discretion Today Ltd by Anti-Discrimination Statutes (Federal, State, Local) During Lease: If T Wishes to Transfer Some or All Rights & Landlord Disapproves of Transferee Default Rule: Tenant Can Transfer Absent Term in Lease Limiting Common Law: Lease Terms Determine Landlord’s Right to Block Today: Landlord’s Right to Block Transfer Also Limited by Anti-Discrimination Statutes (Federal, State, Local) Qs re “Reasonableness” of Withholding Consent (State Law)

ANTI-DISCRIMINATION STATUTES: OVERVIEW Federal, State, Local Statutes Ban Particular Types of Decisions/Conduct if Made Because of Listed Protected Characteristics (Focus on Reasons for Decision/Conduct) State Can Protect Tenants More than Feds Do Addressing Additional Protected Characteristics Addressing Additional Types of Decisions/Conduct E.g., Wisconsin (not Florida) Local Gov’ts Can Protect Tenants More Than Fed/States Do E.g., Miami Beach

ANTI-DISCRIMINATION STATUTES: OVERVIEW Federal, State, Local Statutes We Will Focus onFederal Statutes Civil Rights Act of 1866 Covers Land Transactions & Contracts (incl Comm’l & Res. Leases) Prohibits Discrimination on the Basis of Race (Broadly Defined) Federal Fair Housing Act Covers a Variety of Conduct Related to the Provision of Housing Prohibits Discrimination on the Basis of Race, Color, Religion, Sex, Familial Status, National Origin, and “Handicap”. State/Local Statutes Relevant Only for Lawyering Qs

ANTI-DISCRIMINATION STATUTES: OVERVIEW Federal, State, Local Statutes We Will Focus on Federal Statutes Civil Rights Act of 1866 Federal Fair Housing Act Proof/Evidence Issues the Same Under Both DQs 2.01-2.06 to help you get familiar with provisions. BADLANDS & write-up online after Worth doing in detail yourself beforehand

Chapter 2. Leased But Not Last: Selected Issues in Landlord/Tenant Law The Importance of Context: The Landlord’s Right to Exclude (& Legitimate Interests of Tenants) Eviction Under the Florida Statutes Statutory Anti-Discrimination Law The Right to Transfer Habitability & Related Issues

Review Problem 2A: Tim’s Party Example of Common Statutory Problem Statute Creates Two Non-exclusive Categories; Into Which Category Does Tim’s Conduct Fit? Common Types of Argument for This Kind of Issue: Literal: Within language of either (a) or (b)? Comparison (Sub-Qs 1+2): More like terms listed in (a) or in (b)? [Characterization issue.] (III) Policy (Sub-Qs 3+4): Should this behavior (without more ) be enuf for eviction [Think about relevant interests of both Ldld & Tnt.] Not Every Statutory Issue Uses This Approach. E.g., Nothing in FL MW Statutes or FHA Creates Two Non- Exclusive Categories

Literal: Within language of either (a) or (b)? Here = No. Review Problem 2A Literal: Within language of either (a) or (b)? Here = No. Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. Examples [that TNT should be given opportunity to cure] include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

Literal: Within language of either (a) or (b)? Review Problem 2A Literal: Within language of either (a) or (b)? Common Problems Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property misuse can’t mean every violation of lease/statute or would swallow (b) To use “misuse”, need to defend why action is type of misuse that should result in immediate eviction

Literal: Within language of either (a) or (b)? Review Problem 2A Literal: Within language of either (a) or (b)? Common Problems Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act [only refers to destruction, damage, misuse] or a subsequent or continued unreasonable disturbance [means after a prior notice pursuant to 83.56(2)(b)].

Literal: Within language of either (a) or (b)? Review Problem 2A Literal: Within language of either (a) or (b)? Common Problems Examples [that TNT should be given opportunity to cure] include, but are not limited to, activities in contravention of the lease [doesn’t mean any lease violation, but rather violations like the ones on the list that follows] or this act such as having or permitting unauthorized pets, guests, or vehicles….

Intro to Review Problem 2A: Tim’s Party Tim = Tnt/College Student (No Prior Violations of Lease or Statute) Holds Big Party at Apt.  Noise; Police Arrest 2 Friends Can Linda (Landlord) Evict Tim for the Party? First, L must show material violation of statute, lease, or rules EASY Q: Told to Assume Conduct Violates 83.52(7)

Intro to Review Problem 2A: Tim’s Party Tim = Tnt/College Student (No Prior Violations of Lease or Statute) Holds Big Party at Apt.  Noise; Police Arrest 2 Friends Can Linda (Landlord) Evict Tim for the Party? (= Statutory Violation) Then, to Evict Immediately, L Must Show T’s Conduct Falls Under (2)(a); T Will Argue It Falls Under (2)(b), So He Just Gets a Warning Notice (Nothing to Cure Here). Both Parties Can Utilize Three Types of Arguments Noted Yesterday (Literal. Comparative, Policy) BUT Not Literal Here

Review Problem 2A (Tim’s Party) OLYMPIC (for L): SubQs 1, 3, 6 SEQUOIA (for T): SubQs 2, 4, 7 EEL GLACIER SEQUOIAS

Rev. Prob. 2A: Qs 1 (Olympic) & 2 (Sequoia) (II) Comparison: More like items listed in (a) or (b)? Characterization Exercise … destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. … having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

Rev. Prob. 2A: Qs 1 (Olympic) & 2 (Sequoia) (II) Comparison: More like items listed in (a) or (b)? Characterization Exercise: Possibilities Include… … destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. … having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. (a) = Harm Serious & Intentional (a) = Immediate Physical Harm (b) = More Easily Fixed

Rev. Prob. 2A: Qs 3 (Olympic) & 4 (Sequoia) (III) Policy: Should this behavior be sufficient for a landlord to evict without more? (Think about relevant interests of both Ldlds & Tnts) EXAMPLES?

Rev. Prob. 2A: Qs 3 (Olympic) & 4 (Sequoia) (III) Policy: Should this behavior be sufficient for a landlord to evict without more? General Policy Concerns: What’s at Stake TNT in Q: Housing (Shelter; Psychic Ties; Convenience); Fairness LDLD & Other TNTs: Safety; Quiet; Preservation of Building & Personal Property; Financial Interests

Rev. Prob. 2A: Qs 3 (Olympic) & 4 (Sequoia) (III) Policy: Should this behavior be sufficient for a landlord to evict without more? General Policy Concerns: What’s at Stake TNT in Q: Housing; Fairness LDLD & Other TNTs: Safety; Quiet; Preservation of Property; $$$ Note Overlap w Other Types of Arguments : Policy Concerns Can Explain: Why Literal Terms Should be Read to Include Conduct (or Not) Significance of Comparisons