Legal Cases For Midterm

Front 1

Weiner v. United States

Back 1

F: War Claims Commission, no statute in place for removal

I: Presidential removal power of executive officials

R: Rests on nature of agency/commission and position - "quasi-judicial"

Front 2

Wood v. Strickland

Back 2

F: Students expelled for spiking punch

I: Liability of individual admins for actions

Qualified or absolute immunity?

R: Responsible for knowing "settled, undisputable law" and "unquestioned constitutional rights"

Front 3

Pickering v. Board of Education

Back 3

F: Teacher wrote editorial in newspaper

I: Free speech protections for public administrators

R: Public interest, acting as a citizen

Relationship between speech and work duties

Is there a compelling govt. interest to limit speech?

Front 4

Perry v. Sindermann

Back 4

F: Non-tenured Texas prof fired

I: Did he have entitlement to due process?

R: Found that property interest did exist, had a reasonable assumption of continued employment

Front 5

Garcetti v. Ceballos

Back 5

F: Assistant DA wrote critical memo to supervisor

I: Free speech for public employees

R: Not an issue of public interest, not acting as a private citizen but within official work duties

Front 6

Gratz v. Bollinger

Back 6

F: Undergrad admission at U of M ("Undergrads are rats")

I: Equal protection issue in using race in admissions decisions

R: Policy ruled unconstitutional; race was a decisive factor

Front 7

Grutter v. Bollinger

Back 7

F: Law school admission at U of M ("Lawyers belong in the gutter")

I: Equal protection issue in using race in admissions decisions

R: Policy upheld; race was one of many factors considered holistically

Front 8

Goldberg v. Kelly

Back 8

F: Termination of welfare benefits, NYC

I: What constitutes due process?

R: Because this is an issue of life and livelihood, a pretermination hearing is required

Front 9

Matthews v. Eldridge

Back 9

F: Termination of SS disability benefits

I: What constitutes due process?

R: A post-termination hearing will suffice - not full livelihood. Est. Matthews test: Nature of right, value of additional process, cost/effectiveness

Front 10

Goss v. Lopez

Back 10

F: Students in Columbus Public Schools suspended

I: What constitutes due process?

R: Written/oral notice and hearing required for 10-day suspension

Front 11

Ingrahm v. Wright

Back 11

F: Corporal punishment for students in FL

I: What constitutes due process?

R: Hearing not needed for minor punishment, and effect would be lessened if not given immediately

Front 12

National Federation of Independent Businesses v. Sibelius

Back 12

F: ACA - individual mandate and Medicare expansion requirement

I: Legislative power

R: Mandate upheld as taxing power, not interstate commerce or necessary and proper. Medicare expansion requirement struck down.

Front 13

INS v. Chadha

Back 13

F: INS instituted stay of deportation, House of Rep reversed the decision

I: One-house legislative veto

R: Unconstitutional, violates presentment and bicameralism

Front 14

Clinton v. New York

Back 14

F: Clinton vetoed specific items in a budget bill, allowed by the Line-Item Veto Act of 1996

I: Line-item veto

R: Unconstitutional, violates presentment, allows President to basically amend a bill

Front 15

General Motors v. FERC

Back 15

F: GE filed complaint against regulations, FERC dismissed it

I: Prosecutorial discretion of agencies

R: Exercise of discretion upheld, agency followed procedures and has right to hold or not hold hearing

Front 16

Gonzalez v. Reno

Back 16

F: Cuban child applies for amnesty with great-uncle, a US citizen. Father in Cuba disagrees.

I: Deference to agency discretion

R: INS has discretion to make rules when the statute is silent.

Front 17

Brock v. Roadway

Back 17

F: Truck driver refuses to drive for safety. Fired, files complaint to Dept. of Labor. Reinstated before an evidentiary hearing

I: Due process for employer, discretion of agency to make rules for this kind of complaint

R: Procedures in place upheld, no need for evidentiary hearing before initial reinstatement order is enforced

Front 18

U.S. v. Grimaud

Back 18

F: Reg. of public forest reservations given to agency; grazing permit rules

I: Delegation of legislative powers to agency

R: Delegation upheld, was administrative function, not legislative power

Front 19

Panama Refining Co. v. Ryan

Back 19

F: President prohibited transport of some "hot oil" products; given ability by NIRA

I: Delegation of legislative powers to President

R: No intelligible principle given to agency, delegation not allowed

Front 20

Kent v. Dulles

Back 20

F: Passport issuance discretion, Communists

I: Delegation of power to agency

R: Statute did not delegate this authority to the agency; if it had, constitutional question would be at stake; judicial narrowing

Front 21

Industrial Union, AFL-CIO v. American Petroleum

Back 21

F: Benzene regulation in the workplace

I: Delegation of legislative power, quality of statutory standards

R: Delegation invalidated

Rehnquist minority: revived nondelegation doctrine

Front 22

Environmental Defense Fund v. Ruckelshaus

Back 22

F: Admin procedures for registration of substances with department of agriculture

I: Delegation of legislative power to agencies

R: Defer to agency action, but required to develop stronger standards

Front 23

Whitman v. American Trucking Association

Back 23

F: Clean Air Act leaves determination of standards to the EPA

I: Legislative delegation

R: Upheld, falls within nondelegation principle and statutory limits

Front 24

Givhan v. Western Line

Back 24

F: Teacher complained in private to principal about concerns with school policy

I: Free speech for public employees

R: Ruled for teacher - issue of public concern, receptive audience