Unformatted text preview: Class 22
BOR v. Roth (SC 1972) Stewart Right/privilege distinction repudiated. (Bailey v. Richardson cited on FN) One year contract, without stigma, does not create liberty/property interest. Perry v. Sinderman (SC 1972) Stewart defacto tenure system 1st Am aspect – requires hearing as, a liberty interest, but also a property interest in a hearing on “tenure.” Arnett v. Kennedy (SC 1974) Rehnquist Government employee discharged for accusing superior of bribery; given termination hearing before same superior. Statute provides for notice, comment and reasons – must take “bitter with the sweet.” Powell – due process applies, but is satisfied. White – due process requires unbiased decider (Bonham’s case) Goss v. Lopez (SC 1975) School suspension of less than 10 days requires minimal N, C, R. hearing. Loudonmill (SC 1985) Bitter with the sweet rejected. Due process has independent meaning. PROCESS DUE PROCESS Mathews v. Elridge (SC 1976) Powell Mathews (SC Pre-termination hearing not required to be trial type (despite Pre-termination Goldberg). Goldberg 3 Factors: private interest; risk of error/value of procedures; Factors: government interest. Considerations – med. reports, no brutal need; public interest in protecting fisc. TWO VISIONS OF DUE PROCESS TWO Brennan (Caf. Workers (dissent) Goldberg) Caf. Goldberg Due process ensures non arbitrary treatment by government (Van Alstyne article). article). Rehnquist (Arnett) Rehnquist Due process may be negotiated between government and citizen. Due TWO VISIONS OF DUE PROCESS Goldberg (Reich) full ad judicative procedures. Eldridge – Balance need for each procedural ingredient beyond basic notice, Eldridge comment, reasons. See Friendly, Some Kind of Hearing (impartial decider most important (Bonham’s case also)). most ...
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- Fall '04
- Law, Fourteenth Amendment to the United States Constitution, United States Supreme Court cases, Sc, Pre-termination Goldberg, Stewart Right/privilege distinction, Van Alstyne article