The due process counterrevolution of the 1990s?
Article Abstract:
The expansion of procedural due process rights that occurred in the early 1970s is likely to be undone by the US Supreme Court in the late 1990s. From 1970 to 1972, the US Supreme Court ruled in five due process cases that established individual rights in government benefits that were subject to constitutional protection. The Court's 1995 Sandin v. Conners decision, finding that a liberty interest was not deprived when a prisoner was placed in solitary confinement for 30 days, signals its willingness to reconsider the expansive 1970s jurisprudence. The anti-welfare political climate would support a contraction in procedural due process rights.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
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The Supreme Court's new hypertextualism: an invitation to cacophony and incoherence in the administrative state
Article Abstract:
The U.S. Supreme Court has mostly abandoned its Chevron doctrine of deference to agency interpretation of statutes in favor of an interpretive approach characterized as 'hypertextualism.' The current court rarely recognizes ambiguity in statutory language and thus no longer finds reason to defer to agency interpretations. In addition, the court relies on abstract meanings of certain words or phrases even when the result contradicts legislative intent. The court's new approach, exemplified by Maislin Industries v. Primary Steel, will lead to incoherent jurisprudence and unnecessary litigation.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1995
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Torquemada meets Kafka: the misapplication of the issue exhaustion doctrine to inquisitorial administrative proceedings
Article Abstract:
Social security recipients and other benefit agency claimants could be adversely affected by the disposition of the issue exhaustion doctrine in administrative law proceedings. The doctrine's applicability to Social Security Administration (SSA) inquisitorial-style proceedings is improper because none of the accepted justifications for the doctrine are met, nor is it workable within such proceedings. Courts' reluctance to hear matters not previously raised in SSA proceedings is a grave misapplication of the doctrine that forces a mass justice solution on claimants without proper notice.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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- Abstracts: The content and focus of the codes of ethics of the world's largest transnational corporations. Multinational corporations and the competition for media influence in developing countries
- Abstracts: The White House counsel takes center stage. IP attorneys find the Net hits the mark; the Web sites of U.S. and foreign PTOs are among the online resources that can help counsel prosecute and police trademarks
- Abstracts: Uphill but satisfying struggles of an animal rights attorney; federal legislation to aid animals is sadly lacking
- Abstracts: Legal realism and the race question: some realism about realism on race relations. The new legal process, the synthesis of discourse, and the microanalysis of institutions
- Abstracts: Wanna get ABA's nod? Just call the man with a proven record. Re-education