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Goldberg V. Kelly
''Goldberg v. Kelly'', 397 U.S. 254 (1970), is a case in which the Supreme Court of the United States ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government welfare benefits can be deprived of such benefits. The individual losing benefits is entitled to an oral hearing before an impartial decision-maker as well as the right to confront and cross-examine witnesses and the right to a written statement setting out the evidence relied upon and the legal basis for the decision. There is no right to a formal trial. The case was decided 5–3. (There was a vacancy on the Court because of the resignation of Abe Fortas.) Issues # Does the Fourteenth Amendment of the United States Constitution demand a hearing before the termination of statutorily defined welfare benefits? # Does a pre-termination "informal hearing" in a welfare case satisfy the requirements of the Fourteent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the List of United States cities by population density, most densely populated major city in the United States, and is more than twice as populous as second-place Los Angeles. New York City lies at the southern tip of New York (state), New York State, and constitutes the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area, the largest metropolitan area in the world by urban area, urban landmass. With over 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York is one of the world's most populous Megacity, megacities, and over 58 million people live within of the city. New York City is a global city, global Culture of New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Redistributive Change
Redistributive change is a legal theory of economic justice in the context of U.S. law that promotes the recognition of poverty as a classification, like race, ethnicity, gender, and religion, that should likewise draw extra scrutiny from the courts in matters pertaining to civil rights. The theory was discussed in academia in the wake of ''Goldberg v. Kelly'', a 1970 U.S. Supreme Court case, which decided that due process, such as a notice and a fair hearing, were required when dealing with the deprivation of a government benefit (such as a medical license) or an entitlement (such as welfare payments). However, attempts to promote redistributive change through the courts gained no traction, and the result of ''Goldberg v. Kelly'' was, thus, limited in scope. One of the goals, in light of ''Brown v. Board of Education'', was to promote equality in school funding, but this was specifically rejected by the Supreme Court in ''San Antonio Independent School District v. Rodriguez'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Procedure Act (United States)
The Administrative Procedure Act (APA), , is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both the federal executive departments and the independent agencies. U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. There is a similar Model State Administrative Procedure Act (Model State APA), which was drafted by the National Conference of Commissioners on Uniform State Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abstention Doctrine
An abstention doctrine is any of several doctrines that a United States court may (or in some cases must) apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuits involving the same issues are brought in two different court systems at the same time (such as federal and state courts). The United States has a federal court system with limitations on the cases that it can hear, while each state has its own individual court system. In some instances, the jurisdiction of these courts overlap, so a lawsuit between two parties may be brought in either or both courts. The latter circumstance can lead to confusion, waste resources, as well as cause the appearance that one court is disrespecting the other. Both federal and state courts have developed rules determining when one court will defer to another's jurisdiction over a particular case. Federal abstention doctrines The various absten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thorpe V
Thorpe is a variant of the Middle English word ''thorp'', meaning hamlet or small village. Thorpe may refer to: People * Thorpe (surname), including a list of people with the name Places England *Thorpe, Cumbria *Thorpe, Derbyshire * Thorpe, East Lindsey, Lincolnshire *Thorpe, East Riding of Yorkshire *Thorpe, North Yorkshire *Thorpe, Nottinghamshire *Thorpe, Surrey *Thorpe by Trusthorpe, Lincolnshire *Thorpe Hamlet, Norwich, Norfolk *Thorpe Hesley, South Yorkshire *Thorpe in Balne, South Yorkshire *Thorpe in the Fallows, Lincolnshire *Thorpe Latimer, Lincolnshire *Thorpe-le-Soken, Essex *Thorpe le Street, East Riding of Yorkshire *Thorpe on the Hill, Lincolnshire *Thorpe on the Hill, West Yorkshire *Thorpe St Andrew, Norfolk *Thorpe St Peter, Lincolnshire *Thorpe Tilney, Lincolnshire *Thorpe Waterville, Northamptonshire *Thorpe Willoughby, North Yorkshire Elsewhere *Thorpe, Missouri, a community in the United States See also *Littlethorpe, Leicestershire, England *Littleth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rudder V
A rudder is a primary control surface used to steer a ship, boat, submarine, hovercraft, aircraft, or other vehicle that moves through a fluid medium (generally air or water). On an aircraft the rudder is used primarily to counter adverse yaw and p-factor and is not the primary control used to turn the airplane. A rudder operates by redirecting the fluid past the hull or fuselage, thus imparting a turning or yawing motion to the craft. In basic form, a rudder is a flat plane or sheet of material attached with hinges to the craft's stern, tail, or after end. Often rudders are shaped so as to minimize hydrodynamic or aerodynamic drag. On simple watercraft, a tiller—essentially, a stick or pole acting as a lever arm—may be attached to the top of the rudder to allow it to be turned by a helmsman. In larger vessels, cables, pushrods, or hydraulics may be used to link rudders to steering wheels. In typical aircraft, the rudder is operated by pedals via mechanical linkages or hydr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyndon Johnson Signing Medicare Bill, With Harry Truman, July 30, 1965
{{disambig, geo ...
Lyndon may refer to: Places * Lyndon, Alberta, Canada * Lyndon, Rutland, East Midlands, England * Lyndon, Solihull, West Midlands, England United States * Lyndon, Illinois * Lyndon, Kansas * Lyndon, Kentucky * Lyndon, New York * Lyndon, Ohio * Lyndon, Pennsylvania * Lyndon, Vermont * Lyndon, Sheboygan County, Wisconsin, a town * Lyndon, Juneau County, Wisconsin, a town Other uses * Lyndon State College, a public college located in Lyndonville, Vermont People * Lyndon (name), given name and surname See also * Lyndon School (other) * Lyndon Township (other) * * Lydon (other) * Lynden (other) * Lindon (other) * Linden (other) Linden may refer to: Trees * ''Tilia'' (also known as lime and basswood Basswood), a genus ** American linden, a common name for ''Tilia americana'' ** Large-leaved linden, a common name for ''Tilia platyphyllos'' ** Little-leaf linden, a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Frum
David Jeffrey Frum (; born June 30, 1960) is a Canadian-American political commentator and a former speechwriter for President George W. Bush, who is currently a senior editor at ''The Atlantic'' as well as an MSNBC contributor. In 2003, Frum authored the first book about Bush's presidency written by a former member of the administration. He has taken credit for the famous phrase "axis of evil" in Bush's 2002 State of the Union address. Frum formerly served on the board of directors of the Republican Jewish Coalition, the British think tank Policy Exchange, the anti-drug policy group Smart Approaches to Marijuana, and as vice chairman and an associate fellow of the R Street Institute. Frum is the son of Canadian journalist Barbara Frum. Background Born in Toronto, Ontario to a Jewish family, Frum is the son of the late Barbara Frum (née Rosberg), a well-known, Niagara Falls, New York-born journalist and broadcaster in Canada, and the late Murray Frum, a dentist, who later b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren E
A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval Anglo-Norman concept of free warren, which had been, essentially, the equivalent of a hunting license for a given woodland. Architecture of the domestic warren The cunicularia of the monasteries may have more closely resembled hutches or pens, than the open enclosures with specialized structures which the domestic warren eventually became. Such an enclosure or ''close'' was called a ''cony-garth'', or sometimes ''conegar'', ''coneygree'' or "bury" (from "burrow"). Moat and pale To keep the rabbits from escaping, domestic warrens were usually provided with a fairly substantive moat, or ditch filled with water. Rabbits generally do not swim and avoid water. A ''pale'', or fence, was provided to exclude predators. Pillow mounds The most ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
