Administrative Law
Chapter 2
Emergency Proceedings
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What does North American Cold Storage tell
us about pre-action hearings?
What about compensation for destruction of
public property?
What is the difference between a seizure of
property and a taking?
What does the LA APA tell us?
Goldberg v. Kelly
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What is an entitlement and why is it key to a
due process analysis?
What do Sinderman and Roth teach?
What is the risk of error/cost of hearing
analysis in Goldberg?
Why does this tend ratchet up due process?
Goldberg Rights
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1) timely and adequate notice
2) oral presentation of arguments
3) oral presentation of evidence
4) confronting adverse witnesses
5) cross-examination of adverse witnesses
6) disclosure to the claimant of opposing evidence
7) the right to retain an attorney
8) a determination on the record of the hearing
9) record of reasons and evidence relied on; and
10) an impartial decision maker
New Property
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How is new property created?
What is the bitter and sweet doctrine for new
property (Loudermill)?
Why did the court reject this doctrine?
Once new property is created, what governs
due process for it?
How can legislatures avoid creating new
property while still providing benefits?
Mathews v. Eldridge
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What did Goldberg do for the costs of welfare
benefits administration?
Why are these costs much more significant for SSD?
How does this shift the cost of error/cost of due
process equation?
Mathews Factors:
C=PxV
Cost = Probability of increased accuracy v. Value of
the benefit
Prisoners
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Do prisoners retain any rights?
What is a liberty interest and why is it key to
a due process claim?
What did Hewitt rule and why did this cause
problems?
What is the Sandin expectations of the
sentence test and how does it limit Hewitt?
Why not give prisoners more due process?
Stigma
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How does stigma modify the right to hearing
in cases such as Roth?
Is stigma alone enough?
What about lists of drunks? What was the
additional disability?
What is the remedy for stigma alone?
Torts instead of Due Process
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When is a tort claim a substitute for due
process in a prison case?
Is this a realistic remedy for the destruction of
a $24 hobby kit?
What about tort law as a remedy for stigma?
Since these cases are against government
employees, what complicates tort remedy?
Contract Rights
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What is the remedy for a breach of contract
(or obligation)?
What happened to medical resident who
sued because the school did not honor the
match?
What about the workers comp benefits?
Why did proof of reasonable and necessary
derail the due process claim?
Problem
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Low income housing has one year leases
and bounces tenants if they deal drugs
Plaintiff contests being bounced without
getting a hearing first
Should she be able to get one first?
If Defendant loses, can it solve the problem
with month to month leases that are not
renewed if you deal drugs?
Students
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How are students like prisoners?
What did the plaintiffs in Ingraham want?
How did the due process claim advance this?
What is the Mathews factors analysis of
paddling?
Why does suspension rate more due process
than paddling?
Why so little due process for flunking out?
Walters v. National Ass'n of Radiation
Survivors
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If you do not get appointed counsel, how do
you get a lawyer?
What was the limit on fees?
How does this affect representation?
Why does the VA like this?
Was this limit constitutional?
Who else helps Veterans
Penalties and Due Process
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Van Harken v. City of Chicago – Did away
with hearings on tickets to save money
De-Criminalized (only civil fines) the system
first – Why?
Core Principle – No incarceration for
punishment without criminal due process
What about mental health patients?
Quarantined TB patients?
Rulemaking or Adjudication?
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Rulemaking - Bimetallic
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Adjudication - Londoner
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No individual parties
No right to a hearing
Like a trial, in that there are specific parties
Right to a hearing
What if the rule only affects one person?