Class_Presentation_24

Class_Presentation_24 - Class 24 Due Process Summary...

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Unformatted text preview: Class 24 Due Process Summary Property is broadened (Goldberg) Procedures are diluted (Eldridge) Baseline – notice, comment, reasons Pre v. Post enforcement matters (Arnett, Ingraham) Cost – Benefit calculations (Walters) (Schweiker) Common Law alternatives – Torts – Tarkanian’s case Verkuil, Privatizing Due Process, 57 Ad L. Rev 963 Verkuil, (2005) (2005) FOIA §552 (1966) §552 Prompt response (20 days) to request for reasonably described docs Exceptions - (1) Classified national defense data (2) Personnel rules (3) Exempted by statute (4) Trade secrets (5) Privileged agency materials (6) Personal privacy (7) Investigatory records (8) Financial institutions (9) Geological surveys Reverse FOIA actions (XO12,600 requires notice) Chrysler Corp Trade secrets under (3) (4) grants standing Sunshine Act – applies to collegial (ind) agencies Wong Yang Sung (SC 1950) Jackson, J. Wong Immigration inspector as a prosecutor and judge APA condemns commingling of functions Hold: adjudication as required by statute [or Hold: constitution] Congress must have intended a formal hearing here formal Congress reversed Wong as to ALJ process and Congress Wong the court acceded Forever young problem - review Forever ...
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