PROPERTY A SLIDES 2-5-15. Thursday Feb 5 Music: Indigo Girls, Swamp Ohelia (1994) Lunch Today (Meet on 11:55): Dahle; De la Pedraja; Lievano;

Slides:



Advertisements
Similar presentations
CRA-W Career Mentoring Workshop. What is networking? Making professional connections and using them wisely.
Advertisements

Restitution mechanisms up to this point We have seen several mechanisms allowing P to force D to return unjust gain. All have essentially resulted in a.
How to Write an Outline for a Law School Exam Hypothetical Property (B1) University of Miami School of Law Fall 2014 Professor Schnably This slideshow.
PROPERTY A SLIDES Feb 20 Music: Jason Mraz, Mr. A-Z (2005) Shenandoah Reminder: Critique of Rev. Prob. 2C Due 10am Critique of Rev.
PROPERTY A SLIDES Fri Jan 30 Music: Paul Simon Graceland (1986) I’ll Post Assignments for Tues/Thurs Next Week by 2 pm Today.
Equality and Non- discrimination at Work Basics of International Labour Standards.
THE THREEPENNY OPERA (1928) 1954 Broadway Cast Album THE THREEPENNY OPERA (1928) Book & Lyrics by Bertholdt Brecht Music by Kurt Weill (1928) English Translation.
Lecturer: Miljen Matijašević Session 8, 7 May 2014.
Wrongful Termination and Employment Discrimination OBE 118 Fall 2004 Professor McKinsey Illegal discrimination in the firing, firing, promoting of employees.
Limits on Restoring Plaintiff to Rightful Position – Bargaining out of Rightful Position Default rules – rules a court applies to determine how to restore.
PROPERTY A SLIDES Tues Jan 27 Music: Rolling Stones, Sticky Fingers (1971) Lunch Today (Meet on 11:55): Aleman; Crosby; Foote; Ghomeshi;
PROPERTY D SLIDES Tues Jan 28 Music: Rolling Stones, Sticky Fingers (1971) Lunch Today (Meet on 12:25): Alvarez; Brown; Caruso; Sattler;
TELEPHONE INTERVIEWS : Telephone Interviews are very popular in modern fast work culture. Telephone interviews are often conducted by employers in the.
Not In My Back Yard FAIR HOUSING FOR ELECTED AND APPOINTED OFFICIALS.
PROPERTY E SLIDES Every kiss begins with Kay®
PROPERTY D SLIDES Monday Feb 3 Music: Cyndi Lauper, Twelve Deadly Sins: (1994) I’m trying to finalize contact list today If you made a correction.
Wage / Hour for Independent Schools
The TEMPTATIONS THE ULTIMATE COLLECTION (RECORDINGS ) REMEMBER CLOCKS FALL BACK SUNDAY 3:00 AM  2:00AM Enjoy Your Extra Hour of Sleep!!
PROPERTY D SLIDES Thu Jan 30 Music: Paul Simon, Graceland (1986) Class Contact List Circulating for Proofreading Put a Check by Your Name or.
Propositions A proposition is the declarative statement that an advocate intends to support in the argument. Some propositions are stated formally, some.
PROPERTY A SLIDES Friday Feb 6: Music Tina Turner, Private Dancer (1984)
By Nancy Cameron  When I was first made aware of this assignment I knew that the most difficult part would be finding a placement. Each time I applied.
MUSIC: Joan Baez, Play Me Backwards (1992). Nightmare on 68 th Street BASIC ELEMENTS MET EASILY ACTUAL: Improvement plus use O&N: Same (if actual knowledge.
PROPERTY A SLIDES Tuesday Feb 10 Music: Michael Jackson, Thriller (1983) Jail Day #2: Class 9:15.
PROPERTY A SLIDES Thu Jan 29 Music: Cher, Gypsys, Tramps & Thieves (1971) Lunch Today (Meet on 11:55): Baquedano; Corrales; Engstrom;
MUSIC: CLAUDE DEBUSSY, Afternoon of a Faun (1894); Nocturnes (1900); The Sea (1905) ORCHESTRE de la Suisse Romande (1988/1990) conductOR: ARMIN JORDAN.
PROPERTY D SLIDES Tuesday Feb 11 Music: Renee Olstead (Self-Titled 2004) Lunch Today: Meet on 12:25 Hubbard, Jarzabek, McKain, Meads,
PROPERTY A SLIDES Music: Savage Garden (Self-Titled 1997) No Office Hours Today After Class I’ll Update Course Page Slides from Last Fri & Today.
Planning your Project Managing your 333T project is like managing any professional project.
ELEMENTS B POWER POINT SLIDES Class #23 Friday, October 23, 2015 National Boston Cream Pie Day.
Perry’s original tri-partite forum analysis Traditional Public Forum Streets, Parks & Sidewalks CB/CN rules apply Designated/Public Forum State need not.
LOGISTICS On Course Page: General Final Exam Info, Office Hours, Review Session Times, etc. Registration: – Remember to Check System Before Registration.
Consequential Damages – Buck v. Morrow
The Right Team Who Needs to be a Part of the Process Presenter: Phil Cohen Strategic Element Inc.
Definition Essay WIT Comp 2. Definition A definition essay is an essay that defines a word, term, or concept. In this essay you should not define a term.
Music: The Beatles: Magical Mystery Tour (1967) Lunch & Office Hours Today Cancelled; I’ll lunchers about rescheduling Lunch Tomorrow 12:25.
Lawyer By: Erika. Job Description  Lawyers represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, or.
PROPERTY D SLIDES Tuesday Feb 4: Music Tina Turner, Private Dancer (1984) Lunch Today (Meet on 12:25): Gallagher, L; Greenberg; Munroe;
PROPERTY D SLIDES National Kazoo Day. Thursday Jan 28 Music: Cher, Gypsys, Tramps & Thieves (1971) Lunch Today Meet on 12:25 Arcidi *
PROPERTY D SLIDES NATIONAL HOMEMADE SOUP DAY.
Music: The Mamas and the Papas: Greatest Hits ( ) Aluminum: Mullett Briefs Face Down on Table Updated Assignment Sheet Posted Radium: Manning Briefs.
PROPERTY D SLIDES National Corn Chip Day.
The Paralegal Professional ESSENTIALS, 2/e By Cheeseman and Goldman PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ PA 101: Unit.
PROPERTY D SLIDES National Squirrel Appreciation Day.
Criminal Background Checks John Start International Crime Free Association Crime Free Partners Crime Free Platinum Community Policing Trainer Certified.
PROPERTY D SLIDES GROUNDHOG DAY. Grammy for Best Female Jazz Vocalist Tuesday Feb 2 Music: Diane Schur, Timeless (1986) Grammy for Best Female.
MUSIC: Beethoven Symphony No. 3 (1804) Performed by Vienna Philharmonic Orchestra (1972)
PROPERTY D SLIDES Constructive Monday April 23 Music to Accompany Last Lecture Into the Woods Original Cast Recording Music & Lyrics by Stephen.
PROPERTY D SLIDES NATIONAL PEPPERMINT PATTY DAY GET THE SENSATION!
Social Welfare Policy Session 1 Michael A. Dover.
PROPERTY D SLIDES National Peanut Brittle Day.
CHANGES WE CAN EXPECT TO COPYRIGHT LAW NHSS Event, 24/10/11.
The secure site rendering issue (all navigation crushed together as a list at the top of the page) is a compatibility issue with Internet Explorer only.
National Frozen Yogurt Day
PROPERTY A SLIDES GROUNDHOG DAY.
Kaplan Assignment Help
PROPERTY A SLIDES NATIONAL ALMOND DAY.
National Peanut Brittle Day
National Fettucine Alfredo Day National Periodic Table Day
Analogizing and Distinguishing Cases
PROPERTY A SLIDES NATIONAL BAGEL DAY.
Human Resources Functions
Yad Drawkcab Lanoitan PROPERTY A SLIDES Yad Drawkcab Lanoitan.
Property II: Class #14 Wednesday 9/26/18 Power Point Presentation National Women’s Health & Fitness Day v. National Pancake Day.
National Frozen Yogurt Day
National Bubble Wrap Appreciation Day
National Create a Vacuum Day
National Baked Alaska Day National Texas Day
National Florida Day PROPERTY B SLIDES National Florida Day.
National Kite Flying Day National Iowa Day
Presentation transcript:

PROPERTY A SLIDES

Thursday Feb 5 Music: Indigo Girls, Swamp Ohelia (1994) Lunch Today (Meet on 11:55): Dahle; De la Pedraja; Lievano; C. Melendez; Palomo; Sandler Jail Day #1: Class 9:15

PROPERTY A (2/5) I.Property Open to the Public (Yellowstone) A.Generally B.Brooks (cont’d) II.Review Problem 1K (Part ii) (Biscayne) III.Review Problem 1J (Redwood) IV.Free Speech Rights (Arches)

Right to Exclude: Parcels Open to the Public Brooks & DQ1.22 (Yellowstone) Purpose of Exclusion & Less Restrictive Alternatives Expertise + Access to Funds  Possible Loss of $$ for O Possible less restrictive alternative to address this concern: Limit on amount one person can bet. Pros & Cons? (Worry: Some Pros ARE Cons)

Right to Exclude: Parcels Open to the Public Brooks & DQ1.23 (Yellowstone) Purpose of Exclusion & Less Restrictive Alternatives Possible less restrictive alternative: Limit on amount one person can bet. Good idea? Treating all patrons alike; less chance of mistake BUT Easy to get around by hiring multiple bettors Though that’s also true if you try to exclude specific people Tracks may not like. Good for business to have big losses and [occasional] big wins Note this is probably not kind of solution court can do; would need legislation or negotiation

YELLOWSTONE (DQ ) GIANT GEYSER

Right to Exclude: Parcels Open to the Public: Brooks Purpose for Inclusion/Harms from Exclusive Significant Public Interest in Allowing Access in Cases Like This?

Right to Exclude: Parcels Open to the Public: Brooks Purpose for Inclusion/Harms from Exclusive Significant Public Interest in Allowing Access in Cases Like This? Probably not much in ensuring professionals can bet large amounts in person at track Concerns: Exclusion b/c mistake re identity or facts E.g., Federal No-Fly Lists E.g., NY case cited in Brooks (P80): Coley Madden mistaken for Owney Madden

Right to Exclude: Parcels Open to the Public: Brooks Comparisons with Other Kinds of Businesses: Casinos Ps Asked Court in Brooks to Apply Uston In Uston, NJ SCt seems to apply Innkeeper Rule to casinos 7 th Cir. Refuses to Apply NJ Case; Not Followed in Illinois NJ Doesn’t Extend to Racetracks Anyway Could Also Distinguish on Facts Card Counting = Skill Accessible to All (v. Inside Info on Horses/Jockeys) Casinos Covered by Special Statutes/Licensing (so explicit regulatory power in state govt)

Right to Exclude: Parcels Open to the Public: Brooks: Right to Exclude: Parcels Open to the Public: Brooks: Comparisons with Other Businesses: DQ1.23 Arguments re Extending Innkeeper Rules to Cover Stadiums & Racetracks Include: Comparisons to Inns & Common Carriers (& Monopoly Theory) Heavy state regulation & relatively few racetracks, so like monopoly But arguably less important than inns & common carriers Not crucial at time of arrival; extortion of patrons unlikely Less public interest in ensuring universal access. (Cf. Bottom of P80: Description of innkeeper & common carrier as “public callings”)

Right to Exclude: Parcels Open to the Public: Brooks: Right to Exclude: Parcels Open to the Public: Brooks: Comparisons with Other Businesses: DQ1.24 (Yellowstone) Arguments re Innkeeper Rules for Stadiums & Racetracks Include: From the Court: (P82) Suggestion that large open invitation might mean O should lose discretion. -BUT- (P83) Suggestion that market forces here [& bad publicity] likely to discourage many types of arbitrary exclusions. Not Mentioned in Readings: Often Significant Public Funding & Gov’t Support for Stadium Construction; Could View as Implied Contract w Public for Access

Right to Exclude: Parcels Open to the Public: Brooks: Closing Points Other jurisdictions generally follow Brooks (even NJ) Only Exception I Know is California Civil Rights Act Language (2d para P85) looks like ordinary civil rights statute Cal. SCt reads it to ban “arbitrary discrimination” of any kind E.g., Orloff (1951) (racetrack case) Can’t exclude people w reputations for immoral character. Person in Q had prior off-track gambling conviction & reputation as gambler/bookmaker.

Right to Exclude: Parcels Open to the Public: Brooks: Closing Points: Final Continuum Can exclude anyone for any reason (Common Law re most businesses) Can exclude for any reason except limited list of forbidden characteristics (Typical Civil Rights Statutes) No “arbitrary discrimination.” (California Civil Rights Act) Must accept anyone who shows up w $$ unless specific prior harmful conduct. (Common Law Innkeeper Rule & maybe casinos under Uston). Qs on Brooks?

PROPERTY A (2/5) I.Property Open to the Public (Yellowstone) II.Review Problem 1K (Part ii) (Biscayne) III.Review Problem 1J (Redwood) IV.Free Speech Rights (Arches) SUNRISE AT ADAMS KEY

Gaidian (FL) MW Statutes: Review Problem 1K(ii) HF uses MWs living onsite to pick crops about 5 wks/yr. Large open “Assembly Area” Several Rows of Barracks Buildings (Pvt Living Qtrs) FF = charismatic/controversial religious figure FF wishes to visit HF Some of HF MWs = followers of FF Some of HF MWs strenuously object

Review Problem 1K(ii) (Biscayne) Needs to be “Other Authorized Vistitor”: L88(5) (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; or (d) Any other person who provides services for farmworkers which are funded in whole or in part by local, state, or federal funds but who does not conduct or attempt to conduct solicitations. Can FF Access “Assembly Area”?

Review Problem 1K(ii) (Biscayne) Given Facts, Should Assume FF Will Be “Invited Guest” L88(B) … Any invited guest must leave the private living quarters upon the reasonable request of a resident residing within the same private living quarters. FF Access “to Pvt Living Qtrs”

Review Problem 1K(ii) (Biscayne) L88(C): Reasonable rules re hours L88(D): Check in Before Entry; Present Picture I.D. Correct but Trivial Not Worth Much Time/Space What Rules re Access Can S Set ?

Review Problem 1K(ii) (Biscayne) reasonably related to the purpose of promoting the safety, welfare, or security of residents, visitors, farmworkers, or the owner’s or operator’s business. L88(D): Migrant labor camp owners or operators may adopt other rules regulating access … if the rules are reasonably related to the purpose of promoting the safety, welfare, or security of residents, visitors, farmworkers, or the owner’s or operator’s business. What Rules re Access Can S Set ?

PROPERTY A (2/5) I.Property Open to the Public (Yellowstone) II.Review Problem 1K (Part ii) (Biscayne) III.Review Problem 1J (Redwood) IV.Free Speech Rights (Arches) Redwoods & Ferns

Right to Exclude: Review Problem 1J Client uses MWs living onsite to pick crops several wks/yr. Large meeting hall next to MW barracks MWs get Sundays off; invite MWs from nearby farms to hall for Religious Service Social Event after Client seeks advice about whether he has to allow Asked to describe legal/factual research necessary to advise

Right to Exclude: Review Problem 1J Legal Research Needed To Establish Legal Framework 1.Check if state roughly follows Shack by caselaw or statute. 2.Check for precise rules & permissible restrictions. 3.Look for possible caselaw/statutory language addressing specific issues that might arise, e.g., …

Right to Exclude: Review Problem 1J Legal Research Needed To Establish Legal Framework 3.Look for possible caselaw/statutory language addressing: a.Possible Distinction between i)People invited by MWs Check if limited like FL to living quarters Check if limited like Shack if “harm to others”? ii) People who get access w/o invitation b.Relevant tests used in Shack (e.g., customary assns.) c.Genl info about MWs’ use of off-duty time

Right to Exclude: Review Problem 1J Legal & Factual Research Relevant to the Following Aspects of the Problem … (Notes on my list of topics): Lots of ways to approach/organize this problem I’m not looking for any particular structure. Any set of categories/headings (including mine) will overlap to some extent. I tried to design this list to help you see issues; good answers would hit on most of these topics somewhere.

Right to Exclude: Review Problem 1J (Redwood) Legal & Factual Research Relevant to The Religious Services Major Topics to Explore?

Right to Exclude: Review Problem 1J (Redwood) Legal & Factual Research Relevant to The Religious Services: Major Topics Include… Check Nature of Services/Use of Clergy Check Importance of Services to MWs Explore Possible Harms Caused By Services Alternatives to Use of Hall on C’s Land Additional Legal Research