SUMMARY OF CLASS 10 MATTHEWS V. ELDRIDGE THREE-PART TEST EFFECT ON GOLDBERG HAMDI: GENERALIZING MATHEWS TO OTHER DUE PROCESS CONTEXTS? THE LIMITED PROCESS.

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Presentation transcript:

SUMMARY OF CLASS 10 MATTHEWS V. ELDRIDGE THREE-PART TEST EFFECT ON GOLDBERG HAMDI: GENERALIZING MATHEWS TO OTHER DUE PROCESS CONTEXTS? THE LIMITED PROCESS AVAILABLE TO HAMDI

SUMMARY (CONT.) DETERMINING LIBERTY INTERESTS: SANDIN: THE PRISON EXAMPLE SOURCE: (1) STATUTE/ RULES (2) THE DUE PROCESS CLAUSE “ATYPICAL AND SIGNIFICANT HARDSHIP” DETERMINING PROPERTY INTERESTS COLSON: NY PUBLIC HEALTH LAW

WAIVER OF A HEARING NATIONAL INDEPENDENT PENALTY ASSESSED—NO APPEAL PS ARGUMENT: SEE STATUTE ON 413 FINDINGS WITHOUT HEARING? KEY: “OPPORTUNITY” FOR HEARING FINDINGS: “SUFFICIENT FACTUAL PREDICATE”

POSTPONED HEARING HASKELL (415) DECISION: PERMANENT DISQUALIFICATION PROPERTY INTEREST? PRE-TERMINATION PROCESS POST-TERMINATION ADMIN. PROCESS COURT: DE NOVO HEARING

POSTPONED HEARING II QUESTIONS: 1. ENTITLED TO PRE-TERMINATION EVIDENTIARY HEARING? IF SO: WOULD DE NOVO CT HG WORK? NOTE 2 P. 416: SUSPENSIONS (STAYS) 1. IF NOT: COULD AGENCY DISPOSE WITH ANY PROCESS BUT HOLD DE NOVO COURT HEARING? NOTE 3 P. 416

POSTPONED HEARING (LAST) DE NOVO HEARINGS IN TRIAL COURT ARE RARE EMERGENCY CASES: 1. FDIC 2. CONTAMINED FOOD 3. MISBRANDED DRUGS NO PRE-DECISION PROCESS

FLEXIBLE DUE PROCESS GREY PANTHERS (423) MEDICATE DISPUTES <$199 DISTRICT COURT’S SOLUTION: ORAL HEAREINGS COURT OF APPEAL: INTERDEPENDENCE: NOTICE AND FORMALITY OF HEARING FOCUS ON PURPOSE OF HEARING

FLEXIBLE DUE PROCESS II PROCESS DECIDED BY COURT OF APPEAL 1. NO FACE TO FACE UNLESS CREDIBILITY, BUT 2. NOT NEEDED IF “SMALL NUMBER” 3. TELEPHONE ENOUGH WHY IS THIS SUFFICIENT? (“LISTEN CAREFULLY—OUR MENU CHANGED”) COURTS AND “FLEXIBLE DUE PROCESS”

FLEXIBLE DUE PROCESS (LAST) IN SUMMARY: 1. RECIPIENT GETS A HEARING, BUT 2. TYPE OF HEARING VARIES WITH THE CASE 3. NOT FULL JUDICIAL TRIAL IN EVERY INSTANCE 4. PROCESS REQUIRED DEPENDS ON ISSUE

SUMMARY OF WHERE WE ARE CH. 2: ADMINISTRATIVE CONTITUTIONAL/ STRUCTURAL ISSUES Delegation Agency power to investigate FOIA / Privacy Act / Sunshine in Government CH. 3 RULES AND RULEMAKING Types of Rules: legislative, interpretive, policy, etc.

SUMMARY (cont.) Legal Effect of Agency Rules Process of Making Rules APA Requirements Hearing required? Notice and Comment Other Process: Cost-Benefit Analysis CH. 5 CONSTITUTIONAL RIGHT TO BE HEARD

SUMMARY (Cont.) LEGISLATIVE-ADJUDICATORY SPLIT BI-METALLIC / LONDONER TELLING THE DIFFERENCE PRIVILEGE-RIGHT DICHOTOMY ENTITLEMENTS: GOLDBERG THROUGH MATHEWS THROUGH HAMDI DETERMINING LIBERTY/PROPERTY INTERESTS

SUMMARY (End) INTERPLAY OF RIGHTS WITH TYPE OF HEARING: WAIVER POSTONED HEARINGS / EMERGENCIES FLEXIBLE DUE PROCESS NOW: EVIDENTIARY HEARINGS AND DECISIONS COURT MODEL: WHEN VARY?

PARTIES AND INTERVENTION OFFICE OF COMMUNICATION V. FCC (434) THE STANDING ISSUE STATUTORY: AGGRIEVED/ AFFECTED “OLD SCHOOL”: ECONOMIC STANDING REASONS FOR BROADENED STANDING 1. GENUINE INTERESTS 2. “CONSUMING PUBLIC” 3. FCC DOES NOT EQUAL PUBLIC WHY IS THIS DECISION A LANDMARK?