Const Chapter 2

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Brandeis brief-i dont beleive slam

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Pioneered by attorney Louis D. Brandeis in 1908, a type of appellate brief that emphasizes empirical evidence of the social or economic impact of law, as distinguished from a conventional brief that focuses solely on legal analysis.

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business affected with a public interest

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business aff A nineteenth century doctrine holding that certain businesses are more closely associated with the public interest and are therefore more subject to government regulation.

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capitalist economy

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An economy based on private ownership and free enterprise

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Contracts Clause

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contra Provision of Article I, Section 10, forbidding states from impairing the obligations of contracts.

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easement

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A right of use over the property of another; frequently refers to a right-of-way across privately owned land.

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economic due process

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econ due The doctrine under which the Supreme Court in the late nineteenth and early twentieth centuries used the Due Process Clauses of the fifth and Fourteenth Amendments to protect free enterprise from government intervention.

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economic freedom

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econ free Another term for free enterprise—that is, the ability to conduct one’s business without interference by government

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social contract

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social con theory that government is the product of agreement among rational individuals who subordinate themselves to collective authority in exchange for security of life, liberty, and property

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social Darwinism

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social dar The theory that society improves through unrestricted competition and the “survival of the fittest.”

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substantive due process

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subsantive due Doctrine that the Due Process Clauses of the fifth and Fourteenth Amendments require legislation to be fair and reasonable in content as well as application

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vested rights

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Rights acquired by the passage of time.

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yellow dog contracts beaten by Wagner Act, officially National Labor Relations Act (1935), (29 U.S.C.A. § 151 et seq.),-- coercion knop

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Contracts, generally illegal, making the right to work conditioned upon the employee’s agreement not to join a labor union

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standard of review for agancy fctual findings in informal proceedings

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stan review agency fct abuse of discretion

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etrea99 When is illegaly seized evidence admissible in administrative hearings?

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getstea 99When is illegalthe benefits of admitting the evidence exceed the benefits of excluding the evidence (e.g. to deter illegal searches).

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When is a warrant required for an agency to conduct a search or inspection? subpoena

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"When is a warrant the search is of a non-public area. The gency must show a reason to inspect and probably cause, but probable cause requirement is low.

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When is a pre-deprivation hearing required by due process----matthews

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"The more critical the interest is for survival, the more likely that hearing must be given before deprivation

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appellate courts determine when opportunity to be heard is constitutionally sufficient under due process?1)defendant importance 2)work for safeguards 3)cost

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apell Court balances (1) the importance of the individual interest being deprived and (2 extra )procedure to prevent defendant loss t (3) governmental interest in reduced process.(money)

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******** licence When is a pre-deprivation hearing required by due process?rule one appelate

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*********rule 1 appeklate"The more critical the interest is for survival, the more likely that hearing must be given before deprivation."

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procedural agency"mcnamar we agency now"

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mcnamara agency now The agency did not comply with notice and comment requirements of OAPA

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substantive agency fre

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fedral ruke of evidence--Substantive: the rule is ultra vires, or unconstitutional.

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When are pre-hearing suspensions of business licenses allowed under OAPA?

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When are prehearing an emergency threatens public health or safety