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Chapter 4 - Adjudications

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Chapter 4 - Adjudications Due Process Substantive Due Process Substantive Due Process refers to the limits on what government can regulate Federal - commerce clause ... – PowerPoint PPT presentation

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Title: Chapter 4 - Adjudications


1
Chapter 4 - Adjudications
  • Due Process

2
Substantive Due Process
  • Substantive Due Process refers to the limits on
    what government can regulate
  • Federal - commerce clause, national security
    powers, foreign affairs,
  • State - police powers v. privacy (abortion)
  • Important in the early days of the court before
    the modern expansive reading of the commerce
    clause

3
Modern Substantive Due Process
  • Substantive Due Process is a limited concept in
    modern supreme court jurisprudence
  • But a controversial one
  • Even when there are constitutional bars, the
    court generally allows significant regulation
  • There may be a right to an abortion, but the
    state can regulate health and safety aspects of
    abortion clinics
  • There may be a right to own a gun, but the state
    can regulate carrying the gun - probably

4
Procedural Due Process
  • Procedural due process refers to the procedures
    by which government may affect the rights of an
    individuals in a specific situation
  • Procedural due process arises through
    adjudications and other proceeding that affect a
    small group of persons based on the specific
    factual determinations
  • There is no procedural due process right in
    legislation
  • What is your appeal for legislation?

5
History of Due Process
  • The constitution mostly did not apply to the
    states
  • The 14th amendment was eventually used to apply
    the constitution to the states
  • Many of the due process protections we take for
    granted stem from the Warren Court and cases
    decided in the 1950s and 1960s.
  • Criminal due process was developed earlier than
    administrative due process
  • The cutting edge of due process is transforming
    criminal due process into administrative, as with
    terrorist detainees

6
Takings Review
  • What is a traditional property "taking"?
  • What due process is involved?
  • What about compensation?
  • How is compensation measured?
  • Why is traditional takings jurisprudence much
    older than individual rights jurisprudence?

7
Regulatory Takings
  • What is a regulatory taking?
  • Why are these a hot topic in land use?
  • What are the consequences of forcing the state to
    pay for any diminished value caused by
    regulation?
  • Do you really think we can sort this out for
    coastal restoration?
  • Should the owner pay the state if regulation
    enhances property values?
  • Right of reclamation in LA

8
Accidental Deprivations
  • Assume the postman runs over your dog or the
    forest service accidentally burns down your home
  • Have you suffered a taking?
  • Are these due process deprivations?
  • If so, how could the government provide due
    process?
  • What if the government repeatedly forgets to give
    mental patients a hearing before committing them?
  • Is this different?

9
Rights v. Privileges - History
  • In 1940 a city fires a policeman because the
    police chief heard a rumor that the policeman had
    accepted free coffee and doughnuts from a shop on
    his beat.
  • Due process violation?
  • Did not need to provide due process for not
    granting or for terminating a government benefit
  • Government benefits were construed broadly -
    going to a state college
  • You could condition these with restrictions that
    would otherwise be impermissible
  • Bitter with the Sweet Doctrine

10
Goldberg v. Kelly, 397 U.S. 254 (1970)
  • The Last Gasp of Liberal United States Supreme
    Court Due Process Jurisprudence

11
Learning Objectives
  • Learn how the status of the affected persons can
    change the nature of the due process needed for
    fundamental fairness
  • Learn how increasing due process rights can have
    unintended consequences in a program with limited
    resources

12
The pre-1996 Welfare System
  • What is the general attitude toward people on
    Welfare?
  • How was this reflected in the administration of
    the welfare programs?
  • What was AFDC?
  • What were the unintended consequences of the
    welfare system?
  • How does this affect health care financing?

13
Stopped here
14
Supreme Court Context
  • Earl Warren
  • Appointed Chief Justice in 1953 - by which
    president?
  • What was Warren's background?
  • Served until 1969
  • What was the jurisprudential shift on the United
    States Supreme Court in the 1950s and 1960s?
  • Who became Chief Justice after Earl Warren?

15
Facts of the Case
  • What state did this case arise in?
  • What program was providing benefits to the
    plaintiffs?
  • What was the economic status of plaintiffs?
  • How does this complicate their effectively
    asserting their legal rights?
  • Why did this result in the right to appointed
    counsel for indigent criminal defendants?

16
Statutory Entitlements
  • What makes a benefit an entitlement?
  • What is a matrix regulation?

17
Matrix Regulation
Test 1 Test 2 Claimant Status
Income less than 3000 for family of 2 Income less than 6000 for family of 4 x
Assets less than 2000 Head of household is disabled x
18
Pre-Goldberg Post vs Pre-Deprivation Due Process
  • What was the administrative process that
    plaintiffs were contesting?
  • What do you think is the relationship between the
    agency personnel and the plaintiffs?
  • What were the problems with the informal system
    of reevaluating beneficiaries status?
  • What was the impact on plaintiffs of terminating
    benefits?
  • How does this further complicate post-deprivation
    hearing rights?

19
Why a Hearing?
  • Why couldn't plaintiff hire an attorney and file
    a written response to the termination letter?
  • What could she do at a hearing that she could not
    do in writing?
  • Why wasn't a post-termination hearing enough?
  • Why didn't the state want to give everyone a
    pre-termination hearing?

20
Goldberg Rights - I
  • 1) timely and adequate notice
  • 2) oral presentation of arguments
  • 3) oral presentation of evidence
  • 4) confronting adverse witnesses
  • 5) cross-examination of adverse witnesses

21
Goldberg Rights - II
  • 6) disclosure to the claimant of opposing
    evidence
  • 7) the right to retain an attorney (no appointed
    counsel)
  • 8) a determination on the record of the hearing
  • 9) record of reasons and evidence relied on and
  • 10) an impartial decision maker

22
Administrative Costs of Goldberg
  • What does granting these hearings do to the cost
    (delay personnel time) of removing someone from
    welfare?
  • What does it do to the balance of benefits costs
    to administration costs?
  • What does this do to the global cost of the
    benefits system?

23
Short-Term Impact of Goldberg
  • How does raising the administrative costs affect
    new claims for welfare?
  • What is the incentive for the welfare officers
    under the Goldberg ruling?
  • What expectation does it create for welfare
    recipients?
  • What long term problem did this contribute to?

24
Why Administrative Due Process is Not Liberal or
Conservative
  • Conservatives
  • Want the little man (and the rich man) to be
    fairly treated by the government, i.e., to be
    able to resist regulation
  • Liberals
  • Want the individual to get lots of due process,
    and cannot exclude corporations
  • Both think the government losing against
    individuals is good

25
Fixing Welfare - The 1996 Act
  • Who pushed for welfare reform?
  • Who signed it?
  • What is the new name for AFDC?
  • TANF - Temporary assistance for Needy Families
  • What does the name change tell you about the
    change in philosophy?
  • How long do you get on the program?
  • How does this affect future Goldberg actions?
  • Will there be facts in dispute?

26
The Subsequent History of Goldberg
  • Never overruled
  • Superseded by Matthews
  • Ultimately limited to its specific facts
  • Unfortunately, many public health scholars did
    not notice then and have argued that all
    deprivations that affect individuals should have
    pre-deprivation process.
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