Complying With the Government is Everyone’s Job: Non-Contractual Rules Pertaining to Shopping Centers

September 24, 2010
ICSC Law For Non-Lawyers Seminar
ICSC HeadquartersNew York, NY

8:45 a.m. - 9:45 a.m.


  • Government as a friend and a foe in the operation of a shopping center; ADA and construction standards; recognizing and understanding non-contractual duties imposed by law and as a matter of social policy
  • Rights of owners vis-à-vis undisciplined customers— shoplifter’s rule; right/obligation to thwart theft; right/obligation to exclude trespassers and nuisances
  • Understanding the role of government in the ownership and operation of a shopping center: land use designations; governmental approval of the construction and continuing use of improvements; public access: the legal duty to recognize civil rights of customers and others (“Pruneyard”); the right of access by third parties to shopping center and contiguous private property; First Amendment freedoms vs. Fifth Amendment freedoms; a shopping center as a public forum for free speech
  • Arrests vs. Civil Injunction; citizen arrest vs. police arrest; where do you find a judge on Saturday?; control of property; control of business management theories; future impact; promotional activities and the Pruneyard question


Craig L. Finger, Esq.

Michael J. Kornacki, Esq.