THE "GOLDBERG INGREDIENTS" 1. TIMELY AND ADEQUATE NOTICE 2. CONFRONTING ADVERSE WITNESSES 3. ORAL PRESENTATION OF ARGUMENTS 4. ORAL PRESENTATION OF EVIDENCE 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. A STATEMENT OF REASONS FOR THE DETERMINATION AND AN INDICATION OF THE EVIDENCE RELIED ON 10. AN IMPARTIAL DECISION MAKER

JUSTICIABILITY JURISDICTION + STANDING + RIPENESS = JUSTICIABILITY 1. Jurisdiction is the legal authority (derived from a constitution or statute) for a court to take a matter under consideration and render a ruling on it. 2. Components of Standing: Bona fide case or controversy (Art. III, Sec. 1); this requirement stands as a barrier to any federal court issuing "advisory opinions," although many state Supreme Courts do issue such opinions.     a. "direct" injury     b. "substantial injury"     c. "legal" injury (often called "injury in fact")     d. "causation and remediability" (arises under case/controversy requirement)     e. plaintiff not "estopped"     f. plaintiff's complaint not mooted     g. plaintiff's complaint not a "political question" 3. Components of Ripeness - "maturity" of issues for judicial treatment     a. exhaustion of administrative remedies ("finality of action")     b. primary jurisdiction     c. "finality of decision" (Court's decision can not be reviewed by a non-judicial agency at the time of the decision) 4. Justiciability is the condition of a plaintiff "properly" before a court which has the legal authority to sit in judgment and render an "appropriate" judicial remedy on an matter "suitable" for such remedy. Courts' jurisdiction is beyond their control (except as they must interpret constitutional and statutory provisions granting that judicial power), but courts have developed the doctrines of standing and ripeness and may change them as they wish.

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control)

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission –

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission – set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission – set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action Promotion/Protection –

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission – set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action Promotion/Protection – subsidies, loans, tax incentives (credits, exemptions, deductions), liabilities imposed on competitors

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission – set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action Promotion/Protection – subsidies, loans, tax incentives (credits, exemptions, deductions), liabilities imposed on competitors Prescription –

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission – set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action Promotion/Protection – subsidies, loans, tax incentives (credits, exemptions, deductions), liabilities imposed on competitors Prescription – more detailed requirements establishing conditions for behavior (accompanied by inspections, reviews, reporting)

Regulatory Tools: 5 (or 6) “P”s Public ownership (provides maximum control) Permission – set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action Promotion/Protection – subsidies, loans, tax incentives (credits, exemptions, deductions), liabilities imposed on competitors Prescription – more detailed requirements establishing conditions for behavior (accompanied by inspections, reviews, reporting) Prohibition – criminalize behavior

Quiz 2 (Ch. 2) Distinguish between the concepts "rule of law" and "due process of law," then show how the Court's ruling in ONE of the three cases in Chapter 2 relates to or illustrates both of these concepts.