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Class_Presentation_21

Class_Presentation_21 - before termination Right-privilege...

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Class 21 DUE PROCESS AND THE NEW PROPERTY RIGHT-PRIVILEGE DOCTRINE Gov. employment - evolution of Bailey , Green and McAlroy (Note: Brennan in dissent describes substantive const. right not to be arbitrarily injured by gov’t) Goldberg v. Kelly (SC 1970) Brennan AFDC payments controlled by (N.Y.) state law – procedures include conf. with caseworkers, reasons by letter but no “fair hearing”
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Unformatted text preview: before termination. Right-privilege distinction rejected – gov. interest in favor of recipient - “brutal need”, etc. Charles Reich – new property cited in fn 79 Black, dissenting welfare state is an experiment – don’t freeze procedural protections in farm of those on sales....
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