Although the major ity opinion was couched in terms

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language setting forth conditions for discharge. Although the major- ity opinion was couched in terms of statutory construction, the ma- jority appeared to come close to adopting the three-Justice Arnett position, so much so that the dissenters accused the majority of hav- ing repudiated the majority position of the six Justices in Arnett . And, in Goss v. Lopez , 829 Justice Powell, writing in dissent but us- ing language quite similar to that of Justice Rehnquist in Arnett , seemed to indicate that the right to public education could be quali- fied by a statute authorizing a school principal to impose a ten-day suspension. 830 Subsequently, however, the Court held squarely that, because “minimum [procedural] requirements [are] a matter of federal law, they are not diminished by the fact that the State may have speci- fied its own procedures that it may deem adequate for determining the preconditions to adverse action.” Indeed, any other conclusion would allow the state to destroy virtually any state-created prop- erty interest at will. 831 A striking application of this analysis is found in Logan v. Zimmerman Brush Co. , 832 in which a state anti- discrimination law required the enforcing agency to convene a fact- finding conference within 120 days of the filing of the complaint. Inadvertently, the Commission scheduled the hearing after the ex- piration of the 120 days and the state courts held the requirement to be jurisdictional, necessitating dismissal of the complaint. The 827 416 U.S. 167 (Justices Powell and Blackmun concurring). See 416 U.S. at 177 (Justice White concurring and dissenting), 203 (Justice Douglas dissenting), 206 (Justices Marshall, Douglas, and Brennan dissenting). 828 426 U.S. 341 (1976). A five-to-four decision, the opinion was written by Jus- tice Stevens, replacing Justice Douglas, and was joined by Justice Powell, who had disagreed with the theory in Arnett . See id. at 350, 353 n.4, 355 (dissenting opin- ions). The language is ambiguous and appears at different points to adopt both posi- tions. But see id. at 345, 347. 829 419 U.S. 565, 573–74 (1975). See id. at 584, 586–87 (Justice Powell dissent- ing). 830 419 U.S. at 584, 586–87 (Justice Powell dissenting). 831 Vitek v. Jones, 445 U.S. 480, 491 (1980). See also Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985). 832 455 U.S. 422 (1982). 1984 AMENDMENT 14—RIGHTS GUARANTEED
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Court noted that various older cases had clearly established that causes of action were property, and, in any event, Logan’s claim was an entitlement grounded in state law and thus could only be re- moved “for cause.” This property interest existed independently of the 120-day time period and could not simply be taken away by agency action or inaction. 833 The Liberty Interest. —With respect to liberty interests, the Court has followed a similarly meandering path. Although the traditional concept of liberty was freedom from physical restraint, the Court has expanded the concept to include various other protected inter- ests, some statutorily created and some not.
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