In Cedar Point Nursery v. Hassid, the Supreme Court held that a California state regulation requiring agricultural employers to allow union organizers periodic access to their property for the purposes of union recruitment constituted a per se taking under the Fifth Amendment. The case has the potential to dramatically expand constitutional private property rights for businesses at the expense of legislation and regulation designed to protect workers, civil rights, and the environment. Cedar Point calls for more theoretical and scholarly discussion of the underlying logics concerning markets, labor, property, power, and rights. This panel will tackle the multiple and varied consequences of this decision. The panelists will look at the potential implications for labor law, intellectual property law, and constitutional law, as well as the democratic health of the nation.
For more background on the case, please check out Don Rhodes’s post on the LPE Blog which was written in anticipation of the Court’s decision.
Niko Bowie, Harvard Law School
Veena Dubal, UC Hastings School of Law
Amy Kapczynski, Yale Law School