The U.S. Supreme Court has granted review in Cedar Point Nursery v. Hassid, in which the successful petition for writ of certiorari repeatedly quoted from an article written by St. Thomas Law Professor Gregory Sisk.

The case involves a California regulation that gives union organizers limited access to agricultural work sites and asks the court to define a “per se taking” of private property under the Fifth Amendment.

Sisk’s article, “Returning to the PruneYard: The Unconstitutionality of State-Sanctioned Trespass in the Name of Speech,” was referenced in the brief filed by the counsel for the petitioners, Cedar Point Nursery and Fowler Packing Company, Inc. In it, Sisk challenges another important Fifth Amendment case involving property rights, PruneYard Shopping Center v. Robins. The paper was first published in the Harvard Journal of Law and Public Policy in 2009.

A date has not been set for oral argument in Cedar Point Nursery v. Hassid.

Sisk is a professor of law and the Pio Cardinal Laghi Distinguished Chair in Law at St. Thomas. He is also co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy.

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