PROPERTY D SLIDES National Blonde Brownie Day

Friday Jan 22: No Music: Audio Out Dean’s Fellow Sessions Start Next Week Start Next Week 9:30 am (Room A110) 9:30 am (Here) We’ll Post Coverage Info for the Following Week on Course Page Friday Afternoons We’ll Post Coverage Info for the Following Week on Course Page Friday Afternoons On Course Page Now above Daily Assignments Now above Daily Assignments Panel Assignments Panel Assignments Lunch Schedule Lunch Schedule By 3pm Today By 3pm Today Next Sets of Materials Next Sets of Materials Daily Assignments for Next Week Daily Assignments for Next Week Syllabus/Assignment Sheet Syllabus/Assignment Sheet

Special Bonus for On-Time Arrivals Two DISAPPOINTING REVELATIONS ABOUT CHILDHOOD FAVORITES 

PROPERTY D: 1/22 (1) ALL FROOT LOOPS TASTE THE SAME REGARDLESS OF COLOR (Same For TRIX & FRUITY PEBBLES)

PROPERTY D: 1/22 (2) (2) The Alphabet Song & Twinkle Twinkle Little Star Have the Same Melody

SHACK: What the Case Says A.Theory of the Case (DQ ) B.“Rules” (DQ1.10) C.Protecting Owners (DQ1.11 & 1.13) D.Shack & Jacque (DQ1.12) featuring Last Names A-F featuring Last Names A-F

SHACK: WHAT THE CASE DOES DQ1.12: Shack & Jacque (Last Names A-F) Is Shack inconsistent with Jacque? Articulate two different characterizations of the cases: One highlighting their inconsistency One suggesting they really are consistent. Examples of Each?

Application of Shack Fact ComparisonsFact Comparisons GenerallyGenerally E.g., DQ1.14: The Press (Last Names O-Z)E.g., DQ1.14: The Press (Last Names O-Z) [Logistics] Application to New Situations Generally (Intro to XQII) DQ1.15: Extension to New Situations Review Problems (Next Week)

Comparing Facts of a Case to New Situations Any time you are comparing facts of a case to a new situation, you need to: 1.Identify both similarities and differences (Examples among you)

Comparing Facts of a Case to New Situations Any time 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) 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: 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) 1.Compare press & other groups to whom the NJSCt gives access (Last Names O-Z) Identify Similarities Identify Differences

DQ1.14: Comparing Facts (The Press) (Last Names O-Z) 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

Application of Shack Fact Comparisons [Logistics][Logistics] Application to New Situations Generally (Intro to XQII) DQ1.15: Extension to New Situations Review Problems (Next Week)

LOGISTICS: Next Tuesday: Lunches Begin Operation: Meet on 12:25; We Go to Food Court or SAC Law Room You Can Bring Food or Buy It There/On the Way Schedule is Posted On Course Page I’ll Remind You in Class on the Day You’re Scheduled Me if You Want to Add on or to Reschedule Courtesy: If you have to cancel at last minute or know you’ll be late, please let me or one of the other students know (can me)

LOGISTICS: Next Tuesday: Panels Begin Panels Listed on Course Page (National Parks) I expect high level of preparation Slides: Alerts & Headers (Be Ready to Go!!) EVERGLADES: EGRET IN MANGROVE SWAMP

Application of Shack Fact Comparisons [Logistics] Application to New SituationsApplication to New Situations Generally/Intro to XQIIGenerally/Intro to XQII 2015 Problem IIB2015 Problem IIB DQ1.15: Extension to New Situations Review Problems (Next Week)

Applying Shack: DQ1.15 & Rev. 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 [Possible Alternatives to Allowing Entry] Overall Best Result In class & DF, we’ll do selected Qs to highlight particular techniques I’ll give you more extensive write-ups of each in future Info Memo

FINAL EXAM QUESTION 2 SHORT ANSWERS (3 of 4) E.g., Review Problems 1A-1F Tightly Focused Problems (Generally One Subject) Time Allotment for Each: ~5 Minutes to Read/Outline ~20 Minutes to Write

FINAL EXAM QUESTION 2 SHORT ANSWERS (3 of 4) Relevant Skills Reading Carefully/Following Directions Strong Understanding of Relevant Authority Identifying Best Arguments for Each Party (Won’t Be Clear Winner) Recognizing Significance of Facts Provided in Problem (& Possible Missing Facts)

APPLYING SHACK: Rev Probs 1A & 1B Next Week: Four Panels on-call for 1A & 1B. Look at in light of today’s discussions. A few points to think about (from 2015 Problem IID) : Overall Guide: Do the Challenge (My Question) Stay within Scope of Shack (& Know the Case) Common Sense in Reading Don’t Look for Easy Ways Out Choose Language that One Side Might Rely On. Address Ways That Problem is Different Than What You’ve Seen Before Be Careful of Strong Gut Reactions (Rodeo v. Junk Yard Dogs)

Application of Shack Fact Comparisons [Logistics] Application to New Situations Generally (Intro to XQII) DQ1.15: Extension to New SituationsDQ1.15: Extension to New Situations DQ1.15a (Conjugal Visits) (Last Names A-F)DQ1.15a (Conjugal Visits) (Last Names A-F) DQ1.15b (Relig. Outreach) Review Problems (Next Week)

APPLYING SHACK: DQ1.15a (Last Names A-F): A worker wishes to have a spouse or long- term partner stay overnight on the premises. In DF Next Week: Factual Comparison with Shack Ds & Press

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?