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Articles 31 - 32 of 32
Full-Text Articles in Law
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
Faculty Scholarship
The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …
The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott
The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott
Faculty Scholarship
In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.