1. PROPERTY A SLIDES
2-2-17
GROUNDHOG DAY

2. Subramanian * Zuckerman
Music to Accompany Florida MW Statutes: Carole King, Colour of Your Dreams (1993)
Lunch Tomorrow
Meet on 12:25
Burns * Gluck * Montano
Subramanian * Zuckerman

3. Application of Shack Review Problems Rev. Prob 1A (Last Names O-R/S-Z)
DQ1.15: Extension to New Situations
Review Problems
Rev. Prob 1A (Last Names O-R/S-Z)
Rev. Prob. 1B (Everglades & Olympic) (Thursday)

4. APPLYING SHACK: Problem 1A (Last Names O-R/S-Z):
Jurisdiction follows Shack (means apply the case)
G hires MWs to live on farm and pick peaches for several weeks/year
LON = Non-profit corporation
Purpose is to help teach English to MWs and other agricultural laborers.
Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete.

5. APPLYING SHACK: Problem 1A (Last Names O-R/S-Z):
G hires MWs to live on farm and pick peaches for several weeks/year
LON = Non-profit corporation
Purpose is to help teach English to MWs and other agricultural laborers.
Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete.
Are the people the owner wishes to exclude sufficiently similar to the service workers allowed access to the farm in Shack that the owner should not be able to exclude them?

6. Problem 1A (Last Names O-R/S-Z):
G hires MWs to live on farm and pick peaches for several weeks/year
LON = Non-profit corporation
Purpose is to help teach English to MWs and other agricultural laborers.
Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete.
Specific Language: “[T]he employer may … not deprive the migrant worker of practical access to things he needs.”
Is greater familiarity with English something MWs “need”?
If G excluded LON, would G be depriving MWs of “practical access” to greater familiarity with English?

7. Problem 1A (Last Names O-R/S-Z):
G hires MWs to live on farm and pick peaches for several weeks/year
LON = Non-profit corporation
Purpose is to help teach English to MWs and other agricultural laborers.
Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete.
Policy: Protecting Owners’ Interests
In what ways could LON potentially interfere with G’s legitimate interests?

8. Problem 1A (Last Names O-R/S-Z):
Policy: Protecting Owners’ Interests
In what ways could LON potentially interfere with G’s legitimate interests?
Less Rest/Sleep for Participating MWs
Less Rest/Sleep for Other MWs
Tension between Participating MWs & Others
Is the potential interference sufficiently large that G should be able to exclude LON?

9. Problem 1A (Last Names O-R/S-Z):
G hires MWs to live on farm and pick peaches for several weeks/year
LON = Non-profit corporation
Purpose is to help teach English to MWs and other agricultural laborers.
Wishes to send 1-2 teachers onto G’s land to give English lessons each evening after the day’s work is complete.
What other language from Shack might be useful in resolving this problem?

10. Application of Shack Review Problems
DQ1.15: Extension to New Situations (Last Fri/Tue)
Review Problems
Rev. Prob 1A
Rev. Prob. 1B (Everglades & Olympic) (Pork/Pizza)

11. EVERGLADES: Rev. Prob. 1B (Landowner)
EGRET IN MANGROVE SWAMP

12. OLYMPIC: Rev. Prob. 1B (MWs)
EEL GLACIER

13. Problem 1B (Everglades/Olympic)
A hires MWs to live on farm and pick vegetables for 5 wks/yr.
Provides “three good meals a day;” vending machines; coffee.
A converted to Islam & forbids pork products on site.
Common Sense Reading:
“To ensure that she never comes into contact with pork products, Alyssa stopped serving them in her dining hall and forbade both temporary and permanent employees from bringing in any food from outside the farm….”

14. Problem 1B (Everglades/Olympic)
A hires MWs to live on farm and pick vegetables for 5 wks/yr
Provides “three good meals a day;” vending machines; coffee.
A converted to Islam & forbids pork products on site.
A wants to forbid access to pizza delivery where company uses pork products in many menu items.
Lots of obvious differences from Shack Dfdts
Use other tools to see if allow access anyway.

15. Problem 1B (Everglades/Olympic)
A hires MWs to live on farm and pick vegetables for 5 wks/yr
Provides “three good meals a day;” vending machines; coffee
A converted to Islam & forbids pork products on site
A wants to forbid access to pizza delivery where company uses pork products in many menu items
Policy: Protecting Owners’ Interests
In what ways could LON potentially interfere with G’s legitimate interests? (Remember that A used to allow pizza delivery before conversion)

16. Problem 1B (Everglades/Olympic)
A hires MWs to live on farm and pick vegetables for 5 wks/yr
Provides “three good meals a day;” vending machines; coffee
A converted to Islam & forbids pork products on site
A wants to forbid access to pizza delivery where company uses pork products in many menu items
Policy: Protecting Owners’ Interests
Concern is primarily religious
Is the potential interference sufficiently large that A should be able to exclude pizza?

17. Problem 1B (Everglades/Olympic)
A hires MWs to live on farm and pick vegetables for 5 wks/yr
Provides “three good meals a day;” vending machines; coffee
A converted to Islam & forbids pork products on site
A wants to forbid access to pizza delivery where company uses pork products in many menu items
Specific Language: “[T]he employer may … not deprive the migrant worker of practical access to things he needs.”
Is pizza at night something MWs “need”?
If A excluded delivery, would A be depriving MWs of “practical access” to pizza at night?

18. Problem 1B (Everglades/Olympic)
A hires MWs to live on farm and pick vegetables for 5 wks/yr
Provides “three good meals a day;” vending machines; coffee
A converted to Islam & forbids pork products on site
A wants to forbid access to pizza delivery where company uses pork products in many menu items
What other language from Shack might be useful in resolving this problem?

19. Other Shack Short Review Problems
Similar in Structure & Subject Matter to Review Problems 1A & 1B: Review Problems 1C-1G (S9-10)
Review Problem 1C in DF Next Week
Can do others on your own
Exam Conditions = 5 minutes read/outline + 20 minutes writing
Normally, I’d expect to see:
Some Discussion of MW interests; O interests; missing facts/alternatives; fact comparison to those explicitly permitted by Shack
All tied back to language or facts of case.
Over the weekend, I’ll post comments & best student answers for Rev. Probs 1A-1B, then for other Shack probs at end of Chapter.

20. Alternate Approach to Shack: Florida MW Statutes (1993 & C. King)
ME: DQ1.16
SEQUOIA: DQs 1.17, 1.19 (a & c)
ACADIA: DQ1.18 & 1.19 (b & d)
DQs 1.19 (e) – (f) (DF Sessions Next Week)
BADLANDS: Rev. Prob. 1H: (Tuesday)

21. Working with Statutes: Blowing Up the Text
(6) “Other authorized visitors”—Any person, other than an invited guest, who is:
(a) A federal, state, or county government official;
(b) A physician or other health care provider whose sole purpose is to provide medical care or medical information;
(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;
(d) A representative of a nonprofit legal services organization, who must comply with the Code of Professional Conduct of The Florida Bar; or
(e) 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.

22. Working with Statutes: Blowing Up the Text
(6) “Other authorized visitors”—Any person, other than an invited guest, who is: …
(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
(e) 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.

23. Working with Statutes: Blowing Up the Text
(e) 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.

24. Florida Statutes: DQ1.16 (Sequoia ME)
In what ways do the Florida statutes distinguish between access to “common areas” and access to “private living quarters”?
Two Important Distinctions:
(1) “Common Areas” v. “Private Living Quarters”
(2) “Invited Guest” v. “Other Authorized Visitors”

25. Florida Statutes: DQ1.16: “common areas” v. “private living quarters”
“Invited Guest” under (1)
Access to “private living quarters”
Must leave at “reasonable request” of another resident
“Other Authorized Visitors” under (2)
Access to “common areas” (& looks like “private living quarters”)
Subject to reasonable rules re hours of access (with listed minimums)
Must leave “private living quarters” at “reasonable request” of another resident.

26. Florida Statutes: DQ1.16: “common areas” v. “private living quarters”
MW Rules for “private living quarters” under (7): “migrant workers residing within the same living quarters [may impose] reasonable restrictions on their fellow residents to accommodate reasonable privacy and other concerns of the residents.”
“Other Rules” under (5) & (6) (presumably for both): Owner/Operator may adopt “other rules regulating access to a camp” if
“reasonably related to the purpose of promoting the safety, welfare, or security of residents, visitors, farmworkers, or the owner’s or operator’s business” (5); and
“conspicuously posted.” (6)