Constitutional Law - All the Process that Is Due: The Procedures Required before Termination of a Constitutionally Protected Property Interest in Employment
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Authors
Newsum, C. T.
Issue Date
1986
Volume
19
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The fourteenth amendment of the United States Constitution guarantees that no state shall deprive any person of life, liberty or property without due process of law. For over a century, the central meaning of procedural due process has been that parties whose rights are to be affected by state action are entitled to an opportunity to be heard. Moreover, this doctrine has been extended to require notice and an opportunity to be heard at a "meaningful time" and in a "meaningful manner." While the cases in the procedural due process area are numerous, the path to be charted has not always been clear. Since the inception of this doctrine, the Supreme Court has struggled to define the contours of notice and hearing. In its latest decision, Cleveland Board of Education v. Loudermill, the Court declared that a government employee, who has a protected property interest in continued employment, is entitled to a pretermination hearing prior to administrative termination of employment. The purpose of this Note is threefold. First, this Note examines the Supreme Court's development of a bifurcated due process analysis. Second, it discusses the consistency between the Loudermill holding and earlier decisions. Finally, this Note reviews some remaining questions regarding procedural due process and its application which remain unaddressed by the Loudermill Court...
Description
Citation
19 Creighton L. Rev. 77 (1985-1986)
Publisher
Creighton University School of Law