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The Supreme Court\u27s Due Process Calculus for Administrative Adjudication: Three Factors in Search of a Theory of Value

By Jerry L Mashaw

Abstract

In this article, Professor Mashaw examines and criticizes the Supreme Court\u27s most recent attempt, in Mathews v. Eldridge, to formulate a due process calculus for administrative adjudication. According to Mashaw the failure of the Eldridge calculus is its emphasis on questions of technique rather than on questions of value. The Court, he proposes, should be systematically concerned with the various alternative value theories that the due process clause reflects. Finally, Mashaw indicates the contribution that such concerns might have made to the Eldridge analysis and to due process review in general

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1976
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-2144
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