PROPERTY D SLIDES 1 -22 -16 National Blonde

PROPERTY D SLIDES 1 -22 -16 National Blonde Brownie Day

Friday Jan 22: No Music: Audio Out Dean’s Fellow Sessions • Start Next Week On Course Page • Now above Daily Assignments • Tues @ 9: 30 am (Room A 110) • Panel Assignments • Friday @ 9: 30 am (Here) • Lunch Schedule • We’ll Post Coverage Info for the • By 3 pm Today • Next Sets of Materials Following Week on Course • Daily Assignments for Next Week Page Friday Afternoons • 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) The Alphabet Song & Twinkle Little Star Have the Same Melody

SHACK: What the Case Says A. Theory of the Case (DQ 1. 08 -1. 09) B. “Rules” (DQ 1. 10) C. Protecting Owners (DQ 1. 11 & 1. 13) D. Shack & Jacque (DQ 1. 12) featuring Last Names A-F

SHACK: WHAT THE CASE DOES DQ 1. 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 Comparisons • • Generally E. g. , DQ 1. 14: The Press (Last Names O-Z) • [Logistics] • Application to New Situations Generally (Intro to XQII) • DQ 1. 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 DQ 1. 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 DQ 1. 14: Comparing Facts (The Press) 1. Compare press & other groups to whom the NJSCt gives access (Last Names O-Z) • Identify Similarities • Identify Differences

DQ 1. 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] • Application to New Situations Generally (Intro to XQII) • DQ 1. 15: Extension to New Situations • Review Problems (Next Week)

LOGISTICS: Next Tuesday: Lunches Begin • Operation: • Meet on Bricks @ 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 • E-Mail 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 e-mail me)

LOGISTICS: Next Tuesday: Panels Begin Parks) • Panels Listed on Course Page (National • 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 Situations • Generally/Intro to XQII • 2015 Problem IIB • DQ 1. 15: Extension to New Situations • Review Problems (Next Week)

Applying Shack: DQ 1. 15 & Rev. Problems 1 A 1 B 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 1 A-1 F • 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 1 A & 1 B Next Week: Four Panels on-call for 1 A & 1 B. 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

Application of Shack • Fact Comparisons • [Logistics] • Application to New Situations Generally (Intro to XQII) • DQ 1. 15: Extension to New Situations • • • DQ 1. 15 a (Conjugal Visits) (Last Names A-F) DQ 1. 15 b (Relig. Outreach) Review Problems (Next Week)

APPLYING SHACK: DQ 1. 15 a (Last Names A-F): A worker wishes to have a spouse or longterm partner stay overnight on the premises. In DF Next Week: Factual Comparison with Shack Ds & Press

APPLYING SHACK: DQ 1. 15 a (Last Names A-F): A worker wishes to have a spouse or longterm 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?