PROPERTY A SLIDES

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PROPERTY A SLIDES

• 1-30-15

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Fri Jan 30 Music Paul SimonGraceland (1986)

• Ill Post Assignments for Tues/Thurs Next Week by
  2 pm Today

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PROPERTY A 1/30
FRIday Pop Culture Moment

• As Valentines Day Approaches
• Too Much
• Part One

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Every kiss begins with Kay
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Jane Seymour

• Bond Girl
• Medicine Woman
• Queen of TV Miniseries
• Third Wife of Henry VIII

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Behind Every Open Heart is a Story

• present
• Jane Seymours
• Open Heart Collection

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Unfortunately, its usually a story about
cholesterol.
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PROPERTY A (1/30)

• Review Problem 1A (contd)
• Arches for Landowner
• Biscayne for MWs
• Review Problem 1B (Redwood Shenandoah)
• Florida MW Statutes
• Property Open to the Public
• Generally
• Brooks

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Rev. Prob. 1A (English Lessons)
ARCHES for Landowner
BISCAYNE for MWs/LON
Delicate Arches
Sunrise at Adams Key
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APPLYING SHACK Problem 1A (Arches/Biscayne)

• 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 Gs land to give
  English lessons each evening after the days work
  is complete.

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Problem 1A (Arches/Biscayne)

• In what ways could LON potentially interfere with
  Gs 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?

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Problem 1A (Arches/Biscayne)

• 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 Gs land to give
  English lessons each evening after the days work
  is complete.
• What other language from Shack might be useful in
  resolving this problem?

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PROPERTY A (1/30)

• Review Problem 1A
• Review Problem 1B
• Redwood for Landowner
• Shenandoah for MWs
• Florida MW Statutes
• Property Open to the Public
• Generally
• Brooks

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REDWOOD Rev. Prob. 1B (Landowner)
REDWOODS FERNS
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SHENANDOAH Rev. Prob. 1B (MWs)
APPALACHIAN TRAIL
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Problem 1B (Redwood/Shenandoah)

• 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

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Problem 1B (Redwood/Shenandoah)

• 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
• In what ways would pizza potentially interfere
  with As legitimate interests?
• Is the potential interference sufficiently large
  that A should be able to exclude pizza?

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Problem 1B (Redwood/Shenandoah)

• 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
• The employer may not deprive the migrant
  worker of practical access to things he needs.
• Is food at issue something MWs need?
• If A excluded delivery, would G be depriving MWs
  of practical access to food at issue?

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Problem 1B (Redwood/Shenandoah)

• 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?

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PROPERTY A (1/30)

• Review Problem 1A
• Review Problem 1B
• Florida MW Statutes
• Property Open to the Public
• Generally
• Brooks

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Florida MW Statutes

• DQ1.16-1.17 (First Names P-S)
• DQ1.18 1.19(a) (First Names K-M)
• DQs 1.19 (b)-(d) (First Names J D)
• DQs 1.19 (e) (f) (DF Sessions Next Week)
• Rev. Prob. 1K(ii) (Tuesday)

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Florida Statutes DQ1.16 (First Names P-S)

• In what ways do the Florida statutes distinguish
  between access to common areas and access to
  private living quarters?

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Florida Statutes DQ1.16common areas v.
private living quarters

• Invited Guest under 381.00897(1)
• Access to private living quarters
• Must leave at reasonable request of another
  resident
• Other Authorized Visitors under 381.00897(2)
• Access to common areas maybe 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.
• Other Rules under 381.00897(5) (presumably for
  both) other rules regulating access to a camp
  only if the rules are reasonably related to the
  purpose of promoting the safety, welfare, or
  security of residents, visitors, farmworkers, or
  the owners or operators business.

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Florida Statutes DQ1.16common areas v.
private living quarters

• Other Rules under 381.00897(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 owners or
  operators business (5) and
• conspicuously posted. (6)
• MW Rules for living quarters under 381.00897(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.

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Florida Statutes DQ1.17 (First Names P-S)

• In what ways are the Florida statutes more
  protective of migrant workers rights than the
  regime established under Shack?

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Florida Statutes DQ1.17 (First Names P-S)

• Ways the Florida statutes are more protective of
  MWs rights than the regime established under
  Shack include
• Posting Requirement 381.00897(6)
• Retaliation Claim 381.00895 (Purpose cf.
  Landlord-Tenant Law)
• Looks like only other MWs can limit invited
  guests 381.00897 (1) (2)
• Explicit about amount of time allowed for access.
  381.00897 (2)
• Seems to limit Os legitimate interests to
  safety, welfare, security, business 381.00897
  (5) ? suggests no religious interest
• In what ways are they less protective?

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Florida Statutes DQ1.17

• Ways are they less protective include
• Types of authorized uninvited guests limited to
  exclusive list items on list arguably more
  constrained. 381.008(6)
• No open-ended protection of dignity, destiny,
  needs, etc.

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Florida Statutes DQ1.18 (First Names K-M)

• Statutes often provide clearer guidance than
  cases because they can incorporate more details
  and employ more precise language.
• Identify at least three ways that the Florida
  statutes are clearer than the regime established
  under Shack.

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Florida Statutes DQ1.18 (First Names K-M)

• Ways that the Florida statutes are clearer than
  the regime established under Shack include
• Authorized uninvited guests limited to exclusive
  list. 381.008(6)
• Explicit treatment of religious visitors.
  381.008(6)(c)
• Clear distinction between invited uninvited
  guests. 381.00897(1) (2)
• Explicit list of Os legitimate interests.
  381.00897(5)
• Identify at least three places that the Florida
  statutes employ language that is ambiguous or
  vague.

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Florida Statutes DQ1.18 (First Names K-M)

• Identify at least three places that the FL
  statutes employ language that is ambiguous or
  vague.
• Ambiguous more than one possible meaning
• The government sanctioned his behavior.
• Vague meaning is imprecise or unclear
• The government handled his behavior well

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Florida Statutes DQ1.18 (First Names K-M)

• Places that the FL statutes employ language that
  is ambiguous or vague include
• 381.00897(1), (2), (5), (7) reasonable
  request reasonably related to reasonable
  restrictions.
• 381.008(6)(b) sole purpose
• 381.008(6)(c) see DQ 1.19(b)
• 381.008(6)(e) funded by local, state, or
  federal funds

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Florida Statutes DQ1.19(a) (First Names K-M)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• Members of the Press (not explicitly listed)
• Any way to get at least some individual reporters
  in?

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Florida Statutes DQ1.19 (a)

• 1.19. Under the Florida statutes, can a farm
  owner exclude any of the following people if not
  specifically invited by a migrant farmworker (be
  prepared to identify the specific statutory
  provision that best resolves the question)
• Members of the Press Maybe if individual grant
  money to do story on MWs?