Make a copy of the eight-factor Lansdowne analysis (Exhibit 14.2) for determining whether a club is truly private, and add a few explanatory details or examples for each factor based on the cases referenced in this book. Then take the list to a nearby country club and ask them how they would assess whether they are truly private based on Lansdowne factors. Be sure to have 4 conversation with them after they scribble on your list so you can ask clarifying questions. Write a one-page summary detailing your opinion about whether the club is truly private.

Exhibit 14.2

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The Lansdowne eight-factor analysis for determining whether a club is truly private (United States v. Lansdowne Swim Club, 1989). 1. Genuine selectiveness regarding membership 2. Membership control over operations 3. History of the organization 4. Nonmember use of the facility 5. Purpose of the club's existence 6. Advertisement for members 7. Organization as a for-profit or nonprofit 8. Formalities observed, such as by-laws, meetings, and so forth