LAW
Con Law 2 Sal F16.docx

3 property interests are created and defined by

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3. Property interests are created and defined by existing rules or understandings that stem from an independent source such as state law. 4. The Court looked not to the importance of the job to the individual, but to the expectation of continued employment. His contract made no mention of a rehirement clause. It was unreasonable of him to expect it. 2. “Liberty” a. Roth also attempted to clarify the meaning of liberty: 7
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i. The term [liberty] denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children… and generally to enjoy those privileges long recognized…as essential to the orderly pursuit of happiness by free men. In a Constitution for free people, there can be no doubt that the meaning of “liberty” must be broad indeed.” 1. So: clearly Constitutional rights fall under liberty. But what other interests…? 3. “Life” a. Rarely an issue in Procedural Due Process. Crops up more in substantive areas. iii. Without Due Process of law? 1. Procedural due process issues arise when an individual or group is claiming a right to a fair process in connection with their suffering a deprivation of life, liberty, or property. a. This does not categorically apply. For example, if welfare benefits are cut across the board by 50%, DP is not triggered. But if they are cut by 50% for only a specific group of people, DP is triggered. 2. What Process is due? a. It must always apply certain safeguards such as notice, opportunity for a hearing, and an impartial decision maker. But how are those things interpreted and what more (if anything) is required? b. Mathews v. Eldridge , 1976 i. Facts: P had received Social Security Disability for several years when he received notice they would be terminated. He objected on the ground that he was being deprived of property without Due Process because he was not granted a hearing. ii. Issue: Does due process require a pre-termination hearing prior to discontinuing SSD benefits? iii. Holding : No. 1. Flexible balancing test to determine what procedures are required: a. The importance of the interest to the individual 8
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i. The more important the interest, the more procedural safeguards are required b. The ability of additional procedures to increase the accuracy of the fact finding c. Burdens imposed on the government by requiring the procedures c. In applying the Mathews test, the Court has had to consider 5 basic questions: i. What type of notice is required? ii. When must the hearing be provided: before or after deprivation? iii. What type of hearing is required? 1. Is it adversarial? Must the G provide a lawyer? iv. Who has the burden of proof and what is the standard of proof?
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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