1. PROPERTY A SLIDES
2-9-17
NATIONAL BAGEL DAY

2. Music to Accompany JMB: Cyndi Lauper, Twelve Deadly Sins (1994)
Lunch Tomorrow
Meet on 12:25
Bona * Nugroho
Papiasvili * Post
Repanich * Vincent
Visnovski
Logistics:
Dean’s Fellow Today (& Most Thursdays Going Forward) in Room G363 (in Library Near Rest Rooms)
Contact Sheet RE-Recirculating
Confirm Your Info with 
OR Correct in Margins
[Why is this complicated?!!]

3. BADLANDS: Review Prob 1H (cont’d)
NORBECK PASS

4. Problem 1H (BADLANDS) (Recap):
Short Problem from 2016 Exam Set in Florida
I provided language of §§ (1) & (5).
I asked about both subsections, so should address both.
D hires MWs to live on farm and pick crops for several “stretches of time” each year.
D hires R for three weeks; R lives in 6-person cabin.
M (R’s 17-yr old son) visits R in cabin for a couple of hours after work each day (following posted rules).

5. Problem 1H (BADLANDS): SUBSECTION 1 (Recap)
(1) RIGHT OF ACCESS OF INVITED GUEST … Any invited guest must leave the private living quarters upon the reasonable request of a resident residing within the same private living quarters.
M, avid Donald Trump supporter, relays news of the presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate.
G, a resident in R’s cabin (sufficiently cranky that his co-workers call him “Sour George”), asked R and D to cut off M’s visits, saying the boy’s political discussions “are driving me crazy.” R refuses.
Presumably D can exclude M at G’s request if request is “reasonable.”

6. Problem 1H (BADLANDS): SUBSECTION 1
(1) RIGHT OF ACCESS OF INVITED GUEST … Any invited guest must leave the private living quarters upon the reasonable request of a resident residing within the same private living quarters.
M, avid Trump supporter, relays news of presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. G, a resident in R’s cabin asked D to cut off M’s visits, saying the boy’s political discussions “are driving me crazy.” Presumably D can exclude M if G’s request is “reasonable.”
Possible Concerns of G = Political Opposition; Peace & Quiet
Yesterday: Some Discussion of Whether G’s Request was “Reasonable.”
Today: Should Father-Son Relationship be Relevant to Reasonableness

7. Problem 1H (BADLANDS): SUBSECTION 5
(5) OTHER RULES… [O]perators 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 … operator’s business.
M, avid Trump supporter, relays news of presidential campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate.
D greatly dislikes Trump & wishes to exclude M. Would presumably need to develop generally applicable rule and post it.

8. Problem 1H (BADLANDS): SUBSECTION 5
(5) OTHER RULES… [O]perators 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 … operator’s business.
M, avid Trump supporter, relays news of campaign and (politely and without raising his voice) engages R and the other residents of the cabin in political debate. D greatly dislikes Trump & wishes to exclude M. Would presumably need to develop generally applicable rule and post it.
TODAY: Articulate possible concerns D might have that are “related” to “safety, welfare, or security [of visitors, MWs, or D’s Business.]
Leave for You:
Articulate possible rules to address these concerns.
Arguments whether these rules are “reasonably related” to relevant interests.

9. Problem 1H (BADLANDS)
I’ll post comments & best student answers from last spring tomorrow. Look through and let me know if you have additional Qs.

10. EVERGLADES: Review Problem 1N
EGRET IN MANGROVE SWAMP

11. Review Problem 1N: Info from Client
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
I asked you to describe legal/factual research necessary to advise.

12. Review Problem 1N: Overall Framework (ME)
Legal Research Needed To Establish Legal Framework
Check if state roughly follows Shack by caselaw or statute.
Check for precise rules & permissible restrictions.
Look for possible caselaw/statutory language addressing specific issues that might arise, e.g., …

13. Review Problem 1N: Overall Framework (ME)
Legal Research Needed To Establish Legal Framework
Look for possible caselaw/statutory language addressing:
Possible Distinction between
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
Relevant tests used in Shack (e.g., customary assns.)
Genl info about MWs’ use of off-duty time

14. Review Problem 1N: List of Major Topics
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.

15. Review Problem 1N (Everglades)
Legal & Factual Research Relevant to
The Religious Services
(We’ll Do in Most Detail)
Major Topics to Explore?

16. Review Problem 1N (Everglades)
The Religious Services: Major Topics Include…
Nature of Services (incl. What Happens; Use of Clergy)
Possible Harms from Services (incl. C’s Specific Objections)
Benefits to MWs (incl. % of MWs Participating; Importance of Services)
Alternatives to Use of Hall on C’s Land
Follow-Up for Each Major Topic Includes …
Thorough/Detailed Development of Facts
Ghostbusters Q (“Who Ya Gonna Call?” = HFO)
Additional Legal Research

17. Review Problem 1N (Everglades)
Legal & Factual Research Relevant to
The Social Events
Nature of Social Event?
Possible Harms Different/Separate from Those Caused By Religious Services?
Benefits/Significance to MWs?
Other?

18. Review Problem 1N (ME)
Legal & Factual Research Relevant to Client Having Allowed This Access in the Past
Generally raises legal issues re implied Ks or estoppel
Unlikely here because MWs hired each year for few weeks
Could check for written agreements by C or predecessor
Worst case: E.g., Prior O agreed to access b/c MWs helped build hall
Could check for legal significance of prior authorization (e.g., court then skeptical that harm is great?)

19. Review Problem 1N (Everglades)
I’ll Post Additional Slides re
The Neighboring Farms that Employ MWs
General Info to Help You Understand the Situation
Plus Comments & Best Student Answers Available Tomorrow

20. Review Problem 1N (Everglades): BONUS SLIDE
Sample Qs re Neighboring Farms that Employ MWs
Do C or his employees know which farms other MWs come from?
Any Neighboring Farms hosting similar events or willing to? Willing to share costs?
Check if C interested in exploring.
Check if C has info or if he’s OK with you asking neighbors.
How Do Their MWs get to C’s farm?
If motorized, could transport work in reverse?
If walking, are MWs harming C’s or other neighbors’ land by crossing?
When on C’s Farm, Do Other MWs wander around C’s farm or otherwise create security issues?

21. Review Problem 1N (Everglades): BONUS SLIDE
Sample Qs: Gen’l Info to Help You Understand Situation
How many weeks (or Sundays) are MWs on Cs land?
Client Priorities/Concerns (Biggest concerns for C?)
Specific trigger for coming to you?
Ok with stopping either relig. service or social event & keeping the other?
Willing to give MWs $$ or other benefits to stop? What/How Much?
Could/Would C change practice of Sunday as off-day?
Other uses for hall?
That C would prefer?
That would block MW use?

22. Property Open to the Public & the Right to Exclude
Generally: Your Money’s No Good Here
Free Speech Rights
JMB (including Schmid) & DQ (OLYMPIC)
Review Problems
In Class 2/14: 1L (Everglades) & 1M (Badlands)
In DF: 1J (Next Week) & 1P (2/21 & 2/23)

23. --Uston quoting State v. Schmid.
Right to Exclude: Parcels Open to the Public Transition Quote (N.3 on P84)
“[T]he more private property is devoted to public use, the more it must accommodate the rights which inhere in individual members of the general public who use that property .”
--Uston quoting State v. Schmid.

24. OLYMPIC: DQs
EEL GLACIER

25. Right to Exclude: Parcels Open to the Public JMB: Overview
NJSCT holds that large shopping centers must permit protestors to have access to hand out leaflets on social issues.
Our Coverage
Relevant Interests (DQ )
Logic of Opinion (Me)
Application in Future Problems
Permissible Regulation (DQ1. 26)
Relation to Other Right to Exclude Problems (Me & DQ1.27)

26. Possible harms to the owners in JMB:
Right to Exclude: Parcels Open to the Public JMB: DQ1.24: O’s Interests (Olympic)
Possible harms to the owners in JMB:
Forced Speech
Psychic Harm
Interference with Business

27. Possible harms to the owners in JMB:
Right to Exclude: Parcels Open to the Public JMB: DQ1.24: O’s Interests (Olympic)
Possible harms to the owners in JMB:
Forced Speech
1st Amdt Claim: Shoppers will assume leafletters speak for management, so Os effectively forced to say things they disagree with
Are shoppers likely to view protestor speech that way?

28. Possible harms to the owners in JMB:
Right to Exclude: Parcels Open to the Public JMB: DQ1.24 O’s Interests (Olympic)
Possible harms to the owners in JMB:
Forced Speech
1st Amdt Claim: Shoppers will assume leafletters speak for management, so Os effectively forced to say things they disagree with
I’m skeptical that shoppers would view that way
Court rejects this claim in portion of opinion not in book

29. Possible harms to the owners in JMB:
Right to Exclude: Parcels Open to the Public JMB: DQ1.24: O’s Interests (Olympic)
Possible harms to the owners in JMB:
Forced Speech (claim rejected by NJSCt)
Psychic Harm
Feelings of Lack of Control Over Property
Made Worse by Speech if Os Disagree
NOTE: Genuine, but hard to Quantify
Likely to be Very Significant in this Context?

30. Possible harms to the owners in JMB:
Right to Exclude: Parcels Open to the Public JMB: DQ1.24: O’s Interests (Olympic)
Possible harms to the owners in JMB:
Forced Speech (claim rejected by NJSCt)
Psychic Harm
Would have to convince court that would make significant difference w lots of other people at mall & very broad public invitation
No claims, e.g., re privacy.
Plus can exclude completely when mall is closed
Interference with Business:
Specific Concerns?