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Administrative Law - Winter 2001

Student Questions

These are questions I have been emailed that I think everyone should have access to.

1. Using City of West Chicago v. NRC and the sitting of a nuclear waste dump as examples, discuss the use of the hearing process by NGOs and local governments to affect federally regulated environmental projects that they oppose.

This requires synthesis of the West Chicago case (on p. 85), which deals with the required hearing process for permits for nuclear plants and my discussion of how delaying and increasing the cost of a project can allow opponents to stop the project, even they lose each battle at the agency level and in court.

2. Discuss the due process rights of public employees when they are fired or disciplined. Doesn't it depend on the nature of the work or are all public employees treated the same regardless? 

It does depend a lot on the nature of the their employment and their expectations of continued employment - that is what you should discuss.  For example, employees with an expectation of continued employment have a greater right to due process than fixed term contact workers, "for cause" firing requirements create more rights than "at will" employment, and employees in public safety positions can be removed with less (or no) pretermination due process than employees who do not pose a threat to the public.

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