Class_Presentation_23 - Class 23 Schweiker v McLure(SC 1982...

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Unformatted text preview: Class 23 Schweiker v. McLure (SC 1982) No need for a gov’t employee to decide Medicare No reimbursement appeals (over $100) under $100 due process requires a “hearing” (Gray Partners) requires Walters v. Radiation Simmons (SC 1985) $10 per limit for attorneys constitutional under VA statute (due process does not require lawyers) later amended by statute to provide percent of successful claim statute Note: Does Ethridge require cost/benefit balancing of Does Ethridge procedures on a “ wholesale” or “retail” basis? procedures Lassiter = counsel in child custody case need not be appointed – issues not complex? Sterens dissent – old v new property discrimination discrimination Ingraham v. Wright (SC 1977) Ingraham Paddling permitted without a prior hearing under Ethridge Paddling Ethridge balancing test. balancing White (in dissent) “not authority for this theory” White Compare to Goss v. Lopez (pre Eldridge) are tort remedys an Goss Eldridge are adequate alternative to prior hearing? adequate Vail v. Board of Ed (7th Cir, aff’d by equally divided ct). Maj upheld § 1983 action in favor of coach whose 2 year Maj contract was voided. Posner (dissent) breach of contract action is sufficient remedy (this is not a race or 1st Am case) is Goals of Due Process (p675) Accuracy, Consistency, Efficiency, Dignity Alternatives – Rules (Grid), Inf. Processes, bureaucratic Alternatives rationality. ...
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This note was uploaded on 01/31/2010 for the course LAW 7521 taught by Professor Stack during the Fall '04 term at Yeshiva.

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