ADMINISTRATIVE LAW
PARKER
SPRING 2015
DUE PROCESS
Applies to Federal & State govt but NOT to private individuals
pg 1 Londoner
(paving tax) Right to oral hearing BEFORE is required by the 14th amendment when subordinate State Agency acting
pg 1 Bi-metallic Case
(property tax- Denver only) Where Rules are broadly applicable, Gov. interests in Efficiency outweigh individual right to be heard; Due Process depends on whether laws are broadly applicable vs. narrowly w. subordinate Agencies
pg 1 Bowzes
(WWII manu’f controlled rent-Mathews test) Congress DOES NOT need to give notice when endowing authority to & in the formation of Agencies
pg 2 Due Process Clauses & Test
pg 2 Pre-Goldberg (Privileges vs. Rights)
pg 2 Goldberg v. Kelly
(welfare) whether private interest outweighs govt interest
(NOTE: specific element of process they are looking for and didn’t get-)
pg 3 Roth
(Prof not rehired- no k) in order to establish property interest- must show more than dependence- must show a Statutory or Contractual Property Interest- Test is whether there is a statutory or contractual entitlement
pg 3 Sindermann
(Prof again- manual) A valid Property Interest is created if it is in writing by employee manual or otherwise as an implied contract
CLOSING GOLDBERG FLOODGATES
pg 4 Bishop v. Wood
(Probation employee) Mere job loss not valid cause of action: A Right Must Be Unambiguously created by Legislation, Statute, or Regulation for Due Process to apply
pg 4 Castlerock v. Gonzales
(restraining order) Inherent grant of discretion: “reasonableness” is based on the circumstance at the time- not hindsight. Restraining order created NO entitlement as a matter of law
pg 4 Arnett v. Kennedy (later reversed by Loudermill case)
Bitter w/ the Sweet!
pg 4 Cleveland Brd. Of Ed. v. Loudermil
e interests weighed found to support Trial w/ loosened evidence standards and burden is flipped ((P) must prove his innocence (plurality decision- no majority)
Pg 6 Goss v. Lopez Case
(schools suspension) Court says the gov’t has interest in efficiency in school system, but don’t think these conditions (pausing to hear his side of the story) will impede efficiency
Pg 7 Ingraham v. Wright Case
(paddling) Relies on Common Law damages; Court says government interest, which here far outweighs the rest, would burden the system to add process (from a cost and efficiency point of view); and they are unwilling to get rid of the corporal punishment allowed in most states
Pg 7 Walters v. National Association of Radiation Survivors Case
(veteran’s atty
