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19 Cards in this Set
- Front
- Back
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Weiner v. United States |
F: War Claims Commission, no statute in place for removal I: Does the President have removal power of executive officials R: Rests on nature of agency/commission and position - "quasi-judicial" |
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Wood v. Strickland |
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"
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Pickering v. Board of Education |
F: Teacher wrote editorial in newspaper I: Is there free speech protections for public administrators and what is the appropriate balance of immunity? R: Public interest, acting as a citizen Relationship between speech and work duties Is there a compelling govt. interest to limit speech? |
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Garcetti v. Ceballos |
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. Court says compelling interest for government to restrict speech here otherwise work would never get done.
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Gratz v. Bollinger |
F: Undergrad admission at U of M ("Undergrads are rats") I: Was equal protection clause violated? R: Policy ruled unconstitutional; race was a decisive factor. TOO NARROWLY TAILORED, violated equal protection clause |
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Grutter v. Bollinger |
F: Law school admission at U of M ("Lawyers belong in the gutter") I: Did U of M violate equal protection clause when considering race in application decisions? R: Policy upheld; race was one of many factors considered holistically |
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Goldberg v. Kelly |
F: Termination of welfare benefits, NYC before he could prove his case I: What constitutes due process? R: Because this is an issue of life and livelihood, a pretermination hearing is required |
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Matthews v. Eldridge |
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. Determined that deprivation of benefits less than in Goldberg. |
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Ingraham v. Wright |
F: Corporal punishment for students in FL in public schools I: What constitutes due process and how much process is due? R: Hearing not needed for minor punishment, and effect would be lessened if not given immediately. 8th Amendment did not have place in public schools. |
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National Federation of Independent Businesses v. Sibelius |
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. |
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Clinton v. New York |
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 |
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General Motors v. FERC |
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 |
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Gonzalez v. Reno |
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. |
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Brock v. Roadway |
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 |
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U.S. v. Grimaud |
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 |
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Kent v. Dulles |
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 |
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Industrial Union, AFL-CIO v. American Petroleum |
F: Benzene regulation in the workplace I: Delegation of legislative power, quality of statutory standards R: Delegation invalidated Rehnquist minority: revived nondelegation doctrine |
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Environmental Defense Fund v. Ruckelshaus |
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 |
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Whitman v. American Trucking Association |
F: Clean Air Act leaves determination of standards to the EPA I: Legislative delegation R: Upheld, falls within nondelegation principle and statutory limits |
