Horne: Property and Prohibitions

The NYU Journal of Law & Liberty, The Classical Liberal Institute, and the New York University School of Law held a conference on the recent Supreme Court decision, Horne v. United States Department of Agriculture. “Horne: Property and Prohibitions” at the New York University School of Law on Friday, February 26, 2015.

Horne altered American agricultural policy and unified Takings jurisprudence by recognizing protections for personal property as well as real property. What exactly this means, especially for New Deal-era regulations and broader agricultural law, is unclear. Horne’s impact also extends past the agricultural cases and can cover land use, intellectual property and financial arrangements. This conference analyzed Horne from both positive and normative perspectives.

The conference consisted of two panels, which focused on (1) the implications of the decision for Takings law and (2) the impact on American agricultural policy and agri-business. Participants included Karen Bradshaw Schulz, Arizona State University; Steven Eagle, George Mason University School of Law; Richard Epstein, NYU School of Law; Clayton Gillette, NYU School of Law; Roderick Hills Jr., NYU School of Law; Dean Lueck, University of Arizona; Stephen Schwartz, Cause of Action; and Aaron Simowitz, NYU School of Law.