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Administrative Law, Winter/Spring 2003

North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908)

What was the threat to public health and safety?

What did the city want to do that Cold Storage resisted?

What were Cold Storage's claims as to why it was entitled to a hearing before the city could take action?

What did the United States Supreme Court rule about the pre-action hearing?

Why?

What due process did the Court provide?

Why wasn't the city's proposed action a taking subject to compensation?

Should this case still be good law?

Part I. Agency Procedures

Chapter 2. The Constitutional Right to a Hearing – 18

What are the yey distinction between a pre-action hearing and a post-action review hearing?

When does the constitution favor post-action hearings as opposed to pre-action?

Why not give everyone a hearing every time?

2.1 Hearings and Welfare Termination: Due Process and Mass Justice – 20

Welfare as we knew it - Changed with the 1996 act

What is the general attitude toward people on Welfare?

How was this reflected in the administration of the welfare programs?

What was AFDC and what is it now called?

What does the name change tell you about the change in philosophy?

How does this affect future Goldberg actions?

Why was it the welfare system reformed, i.e., what were the unintended consequences?

Goldberg v. Kelly – 22

What is a statutory entitlement?

How is it different from a constitutional entitlement?

What is the analogy to property?

What is the pre-Goldberg procedure?

Why is this a problem?

What examples does the court give of situations where no hearing is necessary?

What is the down side of a pre-termination hearing?

What does this assume about the number of persons ask for a post-termination hearing?

What is the court's claimed government benefit from more due process - 24

What process do you get under Goldberg?

Do you get a trial?

Appointed counsel?

How does Justice Black explain the ever higher ratcheting of due process?

Why is this a spurious comparison?

Notes and Questions – 29

1. Goldberg

Does the Goldberg analysis provide predictable results in future cases?
Should judges be balancing the government's pocketbook against the rights of the clients?

2 - What are the benefits of trial type hearings?

Is it worth it?

3 How did the costs change post-Goldberg?

4 - Long term consequences?

Better functioning system?
No more welfare?

2.2 Interests Protected by Due Process: Liberty and Property – 33

2.2.1 “Liberty” and “Property” According to Roth – 33

Boards of Regents v Roth – 33

What are the facts?
Why was he fired?
Was there a free speech issue?
Is it before the court?
What process did he want?
What did the district court give him?
What factors did the court examine as regards the harm done to plaintiff by the failure to rehire? 36
How did the court distinguish the District Court analysis?
Note 15 - What does Goldsmith v. Board of Tax Appeals tell us?

Notes and Questions – 38

1 Right - privilege doctrine

Government jobs are no longer seen as a privilege but as qualified rights that have attached due process
Bailey v. US - 1951 - fired for unproven disloyality - tough luck
No longer the law unless the government clearly limits the expectations of the job

3 - all bets are off when "fundamental interests" - abortion, religion are at stake

6 States - CA

What happened in Saleeby v. State Bar?

7 de facto tenure - Perry v. Sinderman

What happened in Sinderman?

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