Posted: August 25th, 2013
evidentiary adjudication
Question #1
Find an evidentiary adjudication case after 2003 to discuss. Keep the factual review extremely brief. Focus on the following in this order: what is the point of dispute; what are the procedural issues; and most importantly by far, how does the case illustrate (or vary from) Rosenbloom?s analysis of evidentiary adjudication?
OR
Whatever happens to those cases that the superior courts vacate and remand? Follow two Supreme Court (or other court) vacate and remand decisions. What do the lower courts do? Ideally the cases have different dispositions for comparison. How do these cases relate to principles learned in the class?
The answer depends on module 7
Find an evidentiary adjudication case after 2003 to discuss. Keep the factual review extremely brief. Focus on the following in this order: what is the point of dispute; what are the procedural issues; and most importantly by far, how does the case illustrate (or vary from) Rosenbloom?s analysis of evidentiary adjudication?
OR
Whatever happens to those cases that the superior courts vacate and remand? Follow two Supreme Court (or other court) vacate and remand decisions. What do the lower courts do? Ideally the cases have different dispositions for comparison. How do these cases relate to principles learned in the class?
The answer depends on module 7
Question # 2
Discuss the basic principle of proportionality in terms of administrative due process. That is, the more severe the consequences of an administrative action, the more likely the courts will expect more rigorous due process. Be sure to cite some of the major cases in the area. [Hint: for example, see and compare Goldberg v. Kelly (1970), Goss v. Lopez (1975), and Cleveland Board v. Loudermill (1985)]. Be sure to talk about rigor in terms of pre versus post termination hearings, and the level of formality required (informal discussion versus quasi-judicial hearing). Ideally you will identify a few new examples to make your essay original and concrete.
Question # 3
Discuss a privacy law statutes related to government functions with at least three citations in text (Rosenbloom, 2003) with a reference section at the end. Briefly, what was the history behind the statutes, what do the statutes establish, and what has been the social effect? Discuss at least one recent case and investigate some post-2005 facts that will shed light on the workings and evolution of the privacy laws and their ramifications for the public sector. [Note: I am not looking for the public sector’s regulation of private companies related to privacy.]
Discuss the basic principle of proportionality in terms of administrative due process. That is, the more severe the consequences of an administrative action, the more likely the courts will expect more rigorous due process. Be sure to cite some of the major cases in the area. [Hint: for example, see and compare Goldberg v. Kelly (1970), Goss v. Lopez (1975), and Cleveland Board v. Loudermill (1985)]. Be sure to talk about rigor in terms of pre versus post termination hearings, and the level of formality required (informal discussion versus quasi-judicial hearing). Ideally you will identify a few new examples to make your essay original and concrete.
Question # 3
Discuss a privacy law statutes related to government functions with at least three citations in text (Rosenbloom, 2003) with a reference section at the end. Briefly, what was the history behind the statutes, what do the statutes establish, and what has been the social effect? Discuss at least one recent case and investigate some post-2005 facts that will shed light on the workings and evolution of the privacy laws and their ramifications for the public sector. [Note: I am not looking for the public sector’s regulation of private companies related to privacy.]
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