Right to a Pre-Deprivation Hearing under the Due Process Clause - Constitutional Priorities and a Suggested Method for Making Decisions, The
Loading...
Authors
Simet, Donald P.
Issue Date
1978
Volume
11
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|For the past eight years, the United States Supreme Court has been intensely concerned with the question of whether the due process clause requires a prior hearing before an individual can be deprived of his "property." The Court's initial decisions greatly expanded the extent of the predeprivation protection. However, in more recent decisions, the Court has not only refused to expand the right, but seems to have implicitly overruled some of its earlier holdings. The amount of attention which the Court has given to the due process question has produced a wealth of conflicting view points which could provide the basis for a more general and consistent set of principles for determining the right to a pre-deprivation hearing. The purpose of this article is to review the Court's decisions, examine the arguments presented, and suggest a more general basis for granting a prior hearing...
Description
Citation
11 Creighton L. Rev. 1201 (1977-1978)
Publisher
Creighton University School of Law