PROPERTY D SLIDES 1-27-14. Monday Jan 27: Music Carole King, Tapestry (1971) Dean’s Fellow Sessions Start This Week (On Course Page) 2:30 pm.

Slides:



Advertisements
Similar presentations
Voters and Voting Behavior. The Right to Vote The power to set suffrage qualifications is left by the Constitution to the states. Suffrage and franchise.
Advertisements

PROPERTY A SLIDES Fri Jan 30 Music: Paul Simon Graceland (1986) I’ll Post Assignments for Tues/Thurs Next Week by 2 pm Today.
Chapter 21 Section 2 The Watergate Scandal
The Federal Courts Chapter 16.
The Federal Courts.
Lesson Starter What has the Central Government done to tackle poverty? Have these policies worked?
Chapter 5 Global Human Resource Management
Behavioural Interviews How to prepare and what to expect.
The Judicial Branch. Separation of Powers I. The Judicial Branch A. Article III B. Interprets the laws C. Determines Constitutionality D. Protects our.
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;
The Right to Vote.
Effective Employer -Employee Relations
The Supreme Court at Work
TELEPHONE INTERVIEWS : Telephone Interviews are very popular in modern fast work culture. Telephone interviews are often conducted by employers in the.
Legal Readiness Brief Staff Judge Advocate 180th Fighter Wing Swanton, Ohio.
The Legislative Process 1. 2 How the Process Works How to Find Legislative Information How to Influence the Process.
+ Was the New Deal a success or failure? Aim 1: Sort examples into success and failure Aim 2: Begin to judge the overall success of the New Deal.
Chapter 7.2 The President’s Job.
American Government Content Statement 5 The President’s Job Mr. Leasure 2014 – 2015 Harrison Career Center.
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES EXPEDITED CASE PROCESSING PURSUANT TO PUBLIC ACT
The Meaning of Language. “There's a sign on the wall but she wants to be sure. And you know sometimes words have two meanings.” Stairway to Heaven Led.
The Judicial Branch The Supreme Court Decision Making.
PROPERTY D SLIDES Music: Rod Stewart, Every Picture Tells A Story (1971) Disability Services Office Needs Note- Taking Volunteer(s) Turn in Lists.
Chapter 9: The Executive Branch
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.
Music: Carole King Tapestry (1971) SECTION E1: LUNCH TOMORROW Meet on 12:05 Bryan  Navarrete  Nealon  Page Stern  Torgman  Velarde.
“In those wretched countries where a man cannot call his tongue his own, he can scarce call anything his own. Whoever would overthrow the liberty of a.
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.
Unions Giving us a chance to live.. What is a Union? A union is a group of workers who form an organization to gain: –Respect on the job, –Better wages.
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.
1 Introduction to Law Introduction to Law – Part 1 (Categories and Sources of Law)
Unit Three Seminar HR420: Employment Law Louis Lopez, Jr., Ph.D. Instructor School of Business and Management.
Marketing Research Approaches. Research Approaches Observational Research Ethnographic Research Survey Research Experimental Research.
Effectively Communicating with Your State Legislator by Matt Sande Director of Legislation Pro-Life Wisconsin.
The Powers and Roles of the President Presidential Leadership.
Unit (7) Why businesses make decisions? The decision that they make might include. - what to produces, where to locate the premises, what method of production.
Easy Read Summary Mental Capacity Act Mental Capacity Act A Summary The Mental Capacity Act 2005 will help people to make their own decisions.
Minimum Wage Should Not Be Raised Presented by Chamber Of Commerce Sara Clarke Dinko I. Darek E. Jabir Ahmed.
Vocabulary Amendments Constitution Executive Branch Bureaucracy
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 *
1 The Legal Environment of Human Resources Management Chapter 2.
PROPERTY D SLIDES National Popcorn Day. Music: Rod Stewart, Every Picture Tells A Story (1971 Music: Rod Stewart, Every Picture Tells A Story.
PROPERTY D SLIDES National Squirrel Appreciation Day.
PROPERTY D SLIDES National Blonde Brownie Day.
PROPERTY D SLIDES Hot Pastrami Sandwich Day.
The Judicial Branch. Separation of Powers The Judicial Branch Article III Interprets the laws Determines Constitutionality Protects our Rights Constitution.
Chapter 9: Interest Groups. Objectives: * Describe the role of interest groups in influencing public policy. * Compare and Contrast political parties.
PROPERTY D SLIDES National Peanut Brittle Day.
Article One Legislative Branch Part One, Two and Three “Our Federal and State Constitution” By: Alex J. Schmidt.
Many Hats of the President. Constitutional Powers The President is the most powerful public official in the United States. Fewer than 50 men have been.
Intro to the Appellate Process When a party loses at trial they have the right to appeal the decision. An appeal is always about whether the law was correctly.
BELLRINGER. Chapter 7 / Section 2: The President’s Job.
$5 $7 $8 $6 Question #1 Who would you buy your hammer from, an American business, a South American business, an African business or a European business?
PROPERTY A SLIDES GROUNDHOG DAY.
National Croissant Day & National Bubble Wrap Appreciation Day
Administrative Agencies
National Peanut Brittle Day
National Blonde Brownie Day
National Peanut Butter Day
Yad Drawkcab Lanoitan PROPERTY A SLIDES Yad Drawkcab Lanoitan.
What does this cartoon mean?
Legal Information ONLY
The Legal Environment of Human Resources Management
National Bubble Wrap Appreciation Day
Class #3 ( ) National Winnie-the-Pooh Day
National Florida Day PROPERTY B SLIDES National Florida Day.
Presentation transcript:

PROPERTY D SLIDES

Monday Jan 27: Music Carole King, Tapestry (1971) Dean’s Fellow Sessions Start This Week (On Course Page) 2:30 pm in Room E352 8:30 am in Room F209 Circulating List Today for You to Provide Contact Info: Please Write Clearly Addresses (not Phone #s) Will Be Provided to Class Panel Assignments Posted on Course Page Panel Responsibilities Begin Tomorrow Me if Qs

PROPERTY D: MONDAYS Special Bonuses for On-Time Arrivals (2) Brief Recap of Prior Week

PROPERTY D: 1/27 Two DISAPPOINTING REVELATIONS ABOUT CHILDHOOD FAVORITES 

PROPERTY D: 1/27 (1) ALL FROOT LOOPS TASTE THE SAME REGARDLESS OF COLOR (Same For TRIX & FRUITY PEBBLES)

PROPERTY D: 1/27 (2) (2) The Alphabet Song & Twinkle Twinkle Little Star Have the Same Melody

Previously in Property D Right to Exclude Significance Jacque allows punitives w/o compensatory damages to protect Necessity as one limit on right Shack as another limit on right

Previously in Property D Right to Exclude Shack v. State Language & Reasoning Court does not rely on Traditional property categories like necessity & landlord-tenant law Constitutional theories raised by parties Bargaining/Agreements between Employers & MWs

Previously in Property D Right to Exclude Shack v. State Language & Reasoning Court does not rely on Necessity, Constitution or Bargaining Relies on its own ability to determine common law of Property to announce limit on right to exclude in NJ Lot of useful language Re Limits on Employer Right to Exclude Re Protection of Employer Interests

Previously in Property D Right to Exclude Shack v. State Language & Reasoning Lot of useful language Re Limits on Employer Right to Exclude Re Protection of Employer Interests Note that description of Tedesco as “Employer” (rather than “Farmer” or “Landowner”) suggests that employment relationship is basis of Shack limits

PROPERTY D (1/27) SHACK v. STATE cont’d I.CONTEXT: 1971 II.WHAT THE CASE SAYS cont’d C. Protecting Owners cont’d (DQ1.13) D. Reconciling Shack & Jacque (DQ1.12) III.Applying the Case to New Situations

Album of Year: Tapestry Best Picture: The French Connection Introduced to American Public: Soft Contact Lenses & Amtrak All Things Considered & Masterpiece Theatre All in the Family & Jesus Christ Superstar The Electric Company & Columbo

Nikita Kruschev; Papa Doc Duvalier; Thomas Dewey Louis Armstrong ; Jim Morrison; Igor Stravinsky Coco Chanel ; Ogden Nash; Crew of Soyuz 11

Shannon Doherty ; Ewan McGregor; Winona Ryder Lance Armstrong; Jeff Gordon; Pedro Martinez ; Kristi Yamaguchi Mary J Blige ; Snoop Dogg; Ricky Martin; Tupac Shakur

Apollo 14: 4th Successful Moon Landing USSCt upholds busing of schoolchildren to achieve racial balance Nixon Administration (Not Today’s Republicans) In 1970 Gets Clean Air & Water Acts Enacted Freezes Wages & Prices for 90 Days to Fight Inflation Wall Street approves of this intervention in market Responds w biggest one-day gain in Dow Jones to date, pts Record volume of 31.7 million shares. Amicus Brief in Shack Favoring Workers on Anti-Federalist Theory Focus: Rights of people trying to implement federal projects Reliance on federal anti-poverty legislation

Near the End of Long Post-depression Period of Great Faith/Belief In Gov’t E.g., Deaths of Ex-Presidents (Ford v. Truman/ Johnson/Eisenhower) Shack: Example of strong confidence by courts & legislatures that they can determine what is in best interests of public Might get same result now, but often much less sure of selves Likely to be much more concern/rhetoric re Os Property Rights

1.Vietnam War: Troops reduced by about 200,000 but still 184,000 troops in SE Asia YE1971 US Voting Age lowered to 18 from 21 (old enough to die = old enough to vote) Perceived fiasco in Vietnam (and evidence that both Johnson & Nixon administrations misled public) lowers confidence in Gov’t

2. Concerns About War Made Nixon’s Reelection Seem Problematic 1971: White House staffers assemble key people to deal w election: CREEP Yields Watergate break-in following spring Scandal greatly undermines authority of govt

3. Pres. Nixon appoints William Rehnquist to US Supreme Court Shack court in 1971 almost certainly sees itself as part of tradition of courts protecting rights of minority groups & disadvantaged folks (cf. Shelley & Burton) Appointment foreshadows change in this self-perception of courts (cf. Moose Lodge & Jackson)

PROPERTY D (1/27) SHACK v. STATE cont’d I.CONTEXT: 1971 II.WHAT THE CASE SAYS cont’d C. Protecting Owners cont’d (DQ1.13) (featuring Alvarez, McKain, Oña) D. Reconciling Shack & Jacque (DQ1.12) (featuring Volunteers) III.Applying the Case to New Situations

SHACK: WHAT THE CASE DOES DQ1.11 & 1.13: Protections of O’s Interests You represent the NJ Apple-Growers Association. Trade Association = Common Type of Organization Representing Common Financial & Legal Interests of Group. E.g., Joint Advertising of Apple Products Consultation or Group Action re Issues Like Taxes, Labor, Safety, Packaging, Consumer Protection

SHACK: WHAT THE CASE DOES DQ1.11 & 1.13: Protections of O’s Interests You represent the NJ Apple-Growers Assn. Members approach you to express their unhappiness with Shack. Assume No Useful Litigation in Short Term No way to challenge NJ SCt decision in state court Federal Constitutional challenge based on property rights unlikely to succeed now (& even less likely in 1971) What Other Steps Can You Take?

SHACK: WHAT THE CASE DOES DQ1.11 & 1.13: Protections of O’s Interests Possible Steps for Trade Association Include … 1.Lobby state or fed’l legislators to pass statute to change or eliminate Shack 2.Treat Result in Shack as Given; Advise Clients re Responses. E.g., Help draft standard rules for owners to employ (& litigate them) Help reorganize industry (no housing onsite; a real response) Explore leaving jurisd. (hard for apple-growers)

SHACK: WHAT THE CASE DOES DQ1.11 & 1.13: Protections of O’s Interests Common Dispute re Roles of State Supreme Courts v. State Legislatures Cutting-edge common law court decisions like Shack not dangerous; state legislature can always overrule. -OR- Resolution of complex balancing of interests is best left to the legislature.

SHACK: WHAT THE CASE DOES DQ1.12: Shack & Jacque Is Shack inconsistent with Jacque? Articulate two different characterizations of the cases: One highlighting their inconsistency One suggesting they really are consistent.

PROPERTY D (1/27) SHACK v. STATE cont’d I.CONTEXT: 1971 II.WHAT THE CASE SAYS cont’d III.APPLYING THE CASE TO NEW SITUATIONS Comparing Facts: Inclusion of the Press (DQ1.14) (featuring Rostock, Venkatesh, Block, Jarzabek)Comparing Facts: Inclusion of the Press (DQ1.14) (featuring Rostock, Venkatesh, Block, Jarzabek) Assigned Problems

APPLYING SHACK TO NEW SITUATIONS DQ1.14: Comparing Facts (The Press) NJSCt Explicitly Says Press Is Allowed: Why Discuss? Clearly dicta (no press in case). Could be arguing at later time about whether NJSCt should adhere to own dicta. (Note again: the more time that has passed, the easier it is to do this.) Could be arguing in another state about extending basic rule in Shack

APPLYING SHACK TO NEW SITUATIONS DQ1.14: Comparing Facts (The Press) Anytime you are comparing facts of a case to a new situation, you need to: 1.Identify both similarities and differences (Examples among you)

APPLYING SHACK TO NEW SITUATIONS DQ1.14: Comparing Facts (The Press) Anytime you are comparing facts of a case to a new situation, you need to: 1.Identify both similarities and differences AND 2.Explain why they should affect the result. Why similarities suggest treatment should be the same –OR- Why differences suggest different treatment –OR- Why one side is more important than the other.

APPLYING SHACK TO NEW SITUATIONS DQ1.14: Comparing Facts (The Press) 1.Compare press & other groups to whom the NJSCt gives access Identify Similarities Identify Differences

DQ1.14: Comparing Facts (The Press) What Do Lists Suggest re How to Treat Press? Similarities Include … Could help MWs Can provide info (press report in one place  info to others) Serving public interest (w specific textual mandate (1 st Amdt)) Specialized training (v. stopping by to see if you need anything) See Harvest of Shame (CBS 1960) Differences Include … Not helping specific people Not necessarily helping when present Might not only focus on MWs Strong commercial interests Scope of trespass harder to determine/likely to want more intrusion O interests arguably stronger w press v. Medical: No interest in unhealthy MWs; v. Legal: State won't acknowledge O interest in uninformed MWs

PROPERTY D (1/27) SHACK v. STATE cont’d I.CONTEXT: 1971 II.WHAT THE CASE SAYS cont’d III. APPLYING THE CASE TO NEW SITUATIONS Comparing Facts: Inclusion of the Press (DQ1.14) Last Names A-F: Discussion Question 1.15(a) (S7)

Applying Shack: DQ1.15 & Problems 1A-1B Could do each of these at length, going through: Application of Key Language Factual Comparisons to Shack Ds & Press Relevance of Key Policies Like Protecting O’s Interests Overall Best Result In class, we’ll do selected Qs to highlight particular techniques I’ll give you more extensive write-ups of each in future Info Memo

APPLYING SHACK: Problem 1B (Last Names P-Z): Tomorrow we’ll do 1B. Tonight look at again in light of today’s discussions. A few points to think about : Common Sense in Reading: “To ensure that she never comes into contact with pork products, Alyssa stopped serving them in her dining hall and forbade all employees from bringing food from outside the farm (drinks are allowed).” Them = pork products not MWs. Don’t Look for Easy Ways Out: E.g., Don’t rest whole answer on MWs with medical or religious need for pork or pizza ( not very likely ). Look for Ways That Problem is Different Than What You’ve Seen Before: E.g., O’s primary interest is probably not privacy or security, b/c she allowed pizza delivery in past, so focus on religious interest.

APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long- term partner stay overnight on the premises. MW “must be allowed to receive visitors … of his own choice, so long as there is no behavior hurtful to others.” Possible harm to others? How Serious?

APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long- term partner stay overnight on the premises. “can’t isolate in any aspect significant for workers’ well- being” How Significant for MWs’ Well-Being? Isolating if Denying?