1. 2-11-19 NATIONAL PEPPERMINT PATTY DAY
PROPERTY B SLIDES
NATIONAL PEPPERMINT PATTY DAY

2. Alonso * Bell * Chirinos Dostie * Klubok * Padron Rivasi
Monday February 11 Music to Accompany Tim’s Party: 90’s Dance Party Hits
Lunch Tomorrow:
Meet on 12:25
Alonso * Bell * Chirinos Dostie * Klubok * Padron Rivasi
Next Few DF Sessions:
Currently: Rev Prob 1M
Brendan 9:40 Here
Lauren 9:40 Here
Next: Rev Prob 2B (Brendan)
Friday TBA
Next 9:40 Here

3. MONday Pop Culture Moment
As Valentine’s Day Approaches:
Way Too Much
Part Two

4. Every kiss begins with Kay®

5. I’ve seen those Kay Jewelers ads …

6. … but frankly, if I give someone a $5000 diamond bracelet, …

7. … I’m looking for a little more than a kiss. That’s why I shop at …

8. Taking Care of Your Family Jewels
Eff Jewelers
Taking Care of Your Family Jewels

9. Previously in Property B
Right to Exclude & MWs:
Under Shack: Rev. Prob. 1C (AMIT; in DF)
FL Statutes
Review Problem 1I (Wizard; in DF)
1st Lawyering Problem:
[Intro to XQ1]
Rev.Prob. 1N (Religious/Social Event)

10. Previously in Property B
Rt to Exclude & Parcels Open to Public
Your Money’s No Good Here: Continuum
Common Law (No Limits or Innkeeper’s Rule)
Civil Rights Statutes
Brooks
JMB,Schmid & 1st Amdt Access to Pvt Ppty
JMB & Access to Malls (& Rev Prob 1J)
Schmid & Intro to More General Access Qs

11. Previously in Property B
Brief Introduction to Chapter Two
Importance of Context
Florida Statute 83.56(2) & Landlord’s Right to Evict (except for failure to pay rent)

12. Note on Range of Short Problems
Some: Focused Application of Particular Authority
Shack Problems 1A-1G
Ldld-Tnt Problems 2A-2C Under Fl. Stat.
Some: Mostly Policy Qs
Problem 1J: What should rules be for protests adjacent to target
Some: In-Between
Problem 1L:
Application of Schmid/JMB plus
What Access to Sports Stadium Makes Sense

13. Review Problem 1L: Short Problem (Everglades)
Free Speech Access to Professional Baseball Stadium
Asked if Os Can Exclude Person Wearing “Protest Shirt”, so Primarily About Access (Not Regulations)
Told Schmid/JMB Govern, so Brooks Not Relevant
Calls for Application of 3 Parts of Schmid Test
Think About Strength of Relevant Interests of Os and of CC (the Protesttor)

14. Review Problem 1L: Short Problem (Overview)
BB owns “Panthers” (= major legue baseball team); owns & just opened new ballpark built with extensive gov’t cooperation/$$.
CC hosts local sports radio call-in show; has attacked gov’t role in getting stadium built. CC buys season tickets rather than using press passes to go to games at the ballpark.
For 1st game at new ballpark, CC wore shirt that said, “Panthers are Parasites.” BB officials let her in only after making her put a sweatshirt on over the protest shirt. Once inside, CC removed the sweatshirt. TV coverage repeatedly showed the protest shirt.
BB refuses to let her back into the stadium wearing a protest shirt.

15. Review Problem 1L: Short Problem (General Points)
Based on actual behavior of Marlin’s management (typically & stupidly) excluding protestors during first year new stadium was open.
Lots of 2016 students wrote very one-sided answers (about evenly split in support of each party).

16. EVERGLADES: Review Problem 1L(S15)
EGRET IN MANGROVE SWAMP

17. Review Problem 1L: Short Problem (Everglades)
Schmid Test (P90) (1st Two Prongs)
Normal Use of Private Property in Q
(2) Extent & Nature of [Public] Invitation
Schmid creates separate prongs, but JMB addresses together. WHY?
In Schmid, the private property at Princeton had “normal use” (as college campus) separate from public invitation to speaker events.
In JMB, the areas open to the public at malls really have no “normal use” separate from what public was invited to do there. [Same likely true of ballpark.]

18. Review Problem 1L: Short Problem (Everglades)
Schmid Test (P90) (1st Two Prongs)
Normal Use of Private Property in Q
(2) Extent & Nature of [Public] Invitation
Ballparks have areas not open to public (field, offices, locker rooms) and sometimes are used for graduations, Papal visits, Adele concerts, etc. However, your focus should be on access sought here, which is
just for public areas
during professional baseball games.

19. Review Problem 1L: Short Problem (Everglades)
Schmid Test (P90) (1st Two Prongs)
Focus on Public Areas of Ballpark during Professional Baseball Games
Normal Use of Private Property in Q
(2) Extent & Nature of [Public] Invitation (Not just who was invited, but what they are invited to do at the stadium)

20. Review Problem 1L: Short Problem (Everglades)
Schmid Test (P90) (Third Prong)
(3) “[P]urpose of the expressional activity … in relation to both the public & private use of the property”
This factor: “examines the compatibility of the free speech sought with the uses of the property.”
JMB seems to focus on whether speech causes objective harm to existing uses.

21. Review Problem 1L: Short Problem (Everglades)
Schmid Test (P90) (Third Prong)
Focus on Public Areas of Ballpark during Professional Baseball Games
(3) “[P]urpose of the expressional activity … in relation to both the public & private use of the property” [Compatibility]
First Amendment Activities Generally?
T-Shirts with Messages?

22. Review Problem 1L: Short Problem (Everglades)
Other Ways to Approach Problem
JMB Applying Schmid : Discuss Partes’ Interests
What Harm(s) to BB Might Arise from T-Shirts with Messages During Games Generally? From CC Wearing Her Protest Shirt? How Substantial are These Harms Likely to Be?
How Important to Speakers Effectively Getting Their Messages to the Public is Free Speech Activity at Ballparks During Games? How Important to CC in Particular?

23. Review Problem 1L: Short Problem (Everglades)
Other Ways to Approach Problem
Interesting Q you could address briefly in a concluding ¶: What to do If neither party’s interests are very strong? Reasonable student suggestions as to default position:
Importance of Right to Exclude  Default = No Access
Significant Public Funding  Default = Access
Could Also Discuss Significant Similarities/Differences from Facts of JMB/Schmid (I’ll leave for you).

24. LOGISTICS: On Course Page
Instructions for Submitting Exam Qs for Review
In Exam Section at Bottom
Importance of Reading Instructions & Lawyers
First Version of Info Memo for Chapter One
Comments/Model Answers for Rev Probs 1A-1D.
More to Follow Soon; Watch Course Page
Q re Brendan’s Friday DF

25. FINAL EXAM QUESTIONS Choose Three of Four
XQ1: LAWYERING
XQ2: SHORT ANSWERS (Choose Three of Four)
XQ3: OPINION/DISSENT
XQ4: TRADITIONAL ISSUE-SPOTTER
Rev. Prob. 1P is 1st Example (About Half of 60-Minute Q)

26. FINAL EXAM QUESTION 4 ISSUE-SPOTTER
Generally 2-4 Major Subjects, Sometimes Specifically Identified in Sub-Questions
Long Fact Pattern (Unlike XQ1, Not Broken Up into Sepate Sections by Topic)
At Least One Statutory Issue
Look at Examples in Posted Exams

27. FINAL EXAM QUESTION 4 ISSUE-SPOTTER
Relevant Skills Include …
Recognizing Relevant Legal Issues in Long Story
* Identifying Most Important (= Most Contested) Topics & Making Best Arguments for Each Party
Recognizing Significance of Facts in Problem (Focus of Work with Acadia on Wednesday)
Presenting Analysis in Organized Way
Working with Relevant Statute[s]

28. LDLD SELECTION OF TNTs: OVERVIEW
L Ability to Select Ts =
Significant Aspect of L’s Property Rights
Can See as Part of Right to Exclude
Can See as Right to Use Land in Way that L Sees as Most Beneficial (Economically & Otherwise)

29. LDLD SELECTION OF TNTs: OVERVIEW
L Ability to Select Ts = Significant Aspect of Property Rights
Current Limits on L Selection Designed to Further Other Important Interests
Anti-Discrimination Law: Inclusion & Access
T’s Right to Transfer
Alienability
T’s Economic & Fairness Interests

30. LDLD SELECTION OF TNTs: OVERVIEW
Two Relevant Time Frames
At Start of New Lease
Common Law: L Had Complete Discretion
Today Ltd by Anti-Discrimination Statutes (Federal, State, Local)
During Lease: If T Wishes to Transfer Some or All Rights & Landlord Disapproves of Transferee
Default Rule: Tenant Can Transfer Absent Term in Lease Limiting
Common Law: Lease Terms Determine Landlord’s Right to Block
Today: Landlord’s Right to Block Transfer Also Limited by
Anti-Discrimination Statutes (Federal, State, Local)
Qs re “Reasonableness” of Withholding Consent (State Law)

31. ANTI-DISCRIMINATION STATUTES: OVERVIEW
Federal, State, Local Statutes
Ban Particular Types of Decisions/Conduct if Made Because of Listed Protected Characteristics (Focus on Reasons for Decision/Conduct)
State Can Protect Tenants More than Feds Do
Addressing Additional Protected Characteristics
Addressing Additional Types of Decisions/Conduct
E.g., Wisconsin (not Florida)
Local Gov’ts Can Protect Tenants More Than Fed/States Do
E.g., Miami Beach

32. ANTI-DISCRIMINATION STATUTES: OVERVIEW
Federal, State, Local Statutes
We Will Focus onFederal Statutes
Civil Rights Act of 1866
Covers Land Transactions & Contracts (incl Comm’l & Res. Leases)
Prohibits Discrimination on the Basis of Race (Broadly Defined)
Federal Fair Housing Act
Covers a Variety of Conduct Related to the Provision of Housing
Prohibits Discrimination on the Basis of Race, Color, Religion, Sex, Familial Status, National Origin, and “Handicap”.
State/Local Statutes Relevant Only for Lawyering Qs

33. ANTI-DISCRIMINATION STATUTES: OVERVIEW
Federal, State, Local Statutes
We Will Focus on Federal Statutes
Civil Rights Act of 1866
Federal Fair Housing Act
Proof/Evidence Issues the Same Under Both
DQs to help you get familiar with provisions.
BADLANDS & write-up online after
Worth doing in detail yourself beforehand

34. Chapter 2. Leased But Not Last: Selected Issues in Landlord/Tenant Law
The Importance of Context:
The Landlord’s Right to Exclude (& Legitimate Interests of Tenants)
Eviction Under the Florida Statutes
Statutory Anti-Discrimination Law
The Right to Transfer
Habitability & Related Issues

35. Review Problem 2A: Tim’s Party
Example of Common Statutory Problem
Statute Creates Two Non-exclusive Categories; Into Which Category Does Tim’s Conduct Fit?
Common Types of Argument for This Kind of Issue:
Literal: Within language of either (a) or (b)?
Comparison (Sub-Qs 1+2): More like terms listed in (a) or in (b)? [Characterization issue.]
(III) Policy (Sub-Qs 3+4): Should this behavior (without more ) be enuf for eviction [Think about relevant interests of both Ldld & Tnt.]
Not Every Statutory Issue Uses This Approach. E.g., Nothing in FL MW Statutes or FHA Creates Two Non- Exclusive Categories

36. Literal: Within language of either (a) or (b)? Here = No.
Review Problem 2A
Literal: Within language of either (a) or (b)? Here = No.
Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance.
Examples [that TNT should be given opportunity to cure] include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

37. Literal: Within language of either (a) or (b)?
Review Problem 2A
Literal: Within language of either (a) or (b)?
Common Problems
Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property
misuse can’t mean every violation of lease/statute or would swallow (b)
To use “misuse”, need to defend why action is type of misuse that should result in immediate eviction

38. Literal: Within language of either (a) or (b)?
Review Problem 2A
Literal: Within language of either (a) or (b)?
Common Problems
Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property
by intentional act [only refers to destruction, damage, misuse]
or a subsequent or continued unreasonable disturbance [means after a prior notice pursuant to 83.56(2)(b)].

39. Literal: Within language of either (a) or (b)?
Review Problem 2A
Literal: Within language of either (a) or (b)?
Common Problems
Examples [that TNT should be given opportunity to cure] include, but are not limited to,
activities in contravention of the lease [doesn’t mean any lease violation, but rather violations like the ones on the list that follows]
or this act such as having or permitting unauthorized pets, guests, or vehicles….

40. Intro to Review Problem 2A: Tim’s Party
Tim = Tnt/College Student (No Prior Violations of Lease or Statute)
Holds Big Party at Apt.  Noise; Police Arrest 2 Friends
Can Linda (Landlord) Evict Tim for the Party?
First, L must show material violation of statute, lease, or rules
EASY Q: Told to Assume Conduct Violates 83.52(7)

41. Intro to Review Problem 2A: Tim’s Party
Tim = Tnt/College Student (No Prior Violations of Lease or Statute)
Holds Big Party at Apt.  Noise; Police Arrest 2 Friends
Can Linda (Landlord) Evict Tim for the Party? (= Statutory Violation)
Then, to Evict Immediately, L Must Show T’s Conduct Falls Under (2)(a);
T Will Argue It Falls Under (2)(b), So He Just Gets a Warning Notice (Nothing to Cure Here).
Both Parties Can Utilize Three Types of Arguments Noted Yesterday (Literal. Comparative, Policy) BUT Not Literal Here

42. Review Problem 2A (Tim’s Party) OLYMPIC (for L): SubQs 1, 3, 6 SEQUOIA (for T): SubQs 2, 4, 7
EEL GLACIER
SEQUOIAS

43. Rev. Prob. 2A: Qs 1 (Olympic) & 2 (Sequoia)
(II) Comparison: More like items listed in (a) or (b)?
Characterization Exercise
… destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance.
… having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

44. Rev. Prob. 2A: Qs 1 (Olympic) & 2 (Sequoia)
(II) Comparison: More like items listed in (a) or (b)?
Characterization Exercise: Possibilities Include…
… destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance.
… having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.
(a) = Harm Serious & Intentional
(a) = Immediate Physical Harm
(b) = More Easily Fixed

45. Rev. Prob. 2A: Qs 3 (Olympic) & 4 (Sequoia)
(III) Policy: Should this behavior be sufficient for a landlord to evict without more?
(Think about relevant interests of both Ldlds & Tnts)
EXAMPLES?

46. Rev. Prob. 2A: Qs 3 (Olympic) & 4 (Sequoia)
(III) Policy: Should this behavior be sufficient for a landlord to evict without more?
General Policy Concerns: What’s at Stake
TNT in Q: Housing (Shelter; Psychic Ties; Convenience); Fairness
LDLD & Other TNTs: Safety; Quiet; Preservation of Building & Personal Property; Financial Interests

47. Rev. Prob. 2A: Qs 3 (Olympic) & 4 (Sequoia)
(III) Policy: Should this behavior be sufficient for a landlord to evict without more?
General Policy Concerns: What’s at Stake
TNT in Q: Housing; Fairness
LDLD & Other TNTs: Safety; Quiet; Preservation of Property; $$$
Note Overlap w Other Types of Arguments : Policy Concerns Can Explain:
Why Literal Terms Should be Read to Include Conduct (or Not)
Significance of Comparisons