Deep Dive Episode 59 – Cedar Point Nursery v. Shiroma

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On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery v. Shiroma. In Cedar Point, California agricultural growers asked the court to invalidate an Agricultural Labor Relations Board regulation that allowed union organizers to come on to the growers’ property to solicit workers to join the union for 3 hours per day and 120 days per year. The growers contend that the regulation amounts to a physical taking under the Fifth Amendment. The Ninth Circuit majority rejected that argument, and held that the physical takings doctrine did not apply because the union organizers were not allowed around-the-clock access to the growers’ property.

In this podcast, hear reactions from Wen Fa and Bethany Berger.

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Bethany Berger

Wallace Stevens Professor of Law

University of Connecticut School of Law

Wen Fa


Pacific Legal Foundation

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