Question for anyone taking or has taken Admin Law

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waxecstatic
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Joined: Sat Mar 13, 2010 7:07 pm

Question for anyone taking or has taken Admin Law

Postby waxecstatic » Tue Feb 05, 2013 2:03 pm

This especially concerns anyone who may be taking or have taken the class who also own the Emanuel' Guide. Is there a legal distinction between a property interest and a liberty interest? I have noticed that the Emanuel's book seems to use liberty and property interchangeably but in the actual cases, the Court decisively uses "property."

musicfor18
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Re: Question for anyone taking or has taken Admin Law

Postby musicfor18 » Tue Feb 05, 2013 7:07 pm

What case/cases are you talking about. And what Admin Law doctrine or topic?

musicfor18
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Re: Question for anyone taking or has taken Admin Law

Postby musicfor18 » Tue Feb 05, 2013 7:08 pm

and what page in Emanuel's?

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cardinals1989
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Re: Question for anyone taking or has taken Admin Law

Postby cardinals1989 » Wed Feb 06, 2013 12:31 am

I assume you mean in the context of procedural due process.

If so, property analysis is typically derived from an “independent source of law,” i.e., state positive law, although there might be some constitutional minimum at which the state cannot avoid providing property rights. Liberty analysis is more similar to substantive due process and is either activated by a constitutional understanding of liberty or expectations for liberty created by state law. Also, in the prison context, you have the Sandin interpretation of liberty interests, atypical and significant hardship.

Basically, the source of the right that activates procedural due process is different for the liberty and property. They are similar though because property and liberty rights both can satisfy Roth Step 1.

waxecstatic
Posts: 314
Joined: Sat Mar 13, 2010 7:07 pm

Re: Question for anyone taking or has taken Admin Law

Postby waxecstatic » Fri Feb 08, 2013 3:29 pm

Thanks everyone! It was the Town of Castle Rock v. Gonzalez case and it was on page 120 of Emanuel's.




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