Material From Outside Class Is Allowed For The Two Papers ✓ Solved

Material From Outside Class Is Allowed For The Two Papers But You Mus

Material from outside class is allowed for the two papers, but you must provide citations so I can check for plagiarism.

Assignment Options:

Paper 1: Administrative Due Process Scenario

Due Wednesday, June 3, 5 pm.

Task: Select one of the following hearing processes:

  • a) Medicaid appeal (Oregon)
  • b) General state administrative appeal (Oregon)
  • c) Social Security disability claim appeal (US)
  • d) EEOC employment discrimination claim

You may use external materials, but must consult the specified websites for accurate information.

Write a 2-4 page double-spaced paper covering:

  1. Construct a scenario with a fictional party seeking a hearing within the chosen context.
  2. Describe the programs involved, how the appeals process functions, and the options available for the affected party to appeal.
  3. Identify strategies they can use to improve their chances of success.

Paper 2: Case Brief Comparison

Due Wednesday, June 3, 5 pm.

Task: Choose one of these case pairs:

  • Weyerhaeuser Co. v. U.S. Fish and Wildlife Service (SCOTUS 2018)
  • Decker v. Northwest Environmental Defense Center (SCOTUS)
  • Perez v. Mortgage Bankers Association (SCOTUS 2015)
  • Nay v. Dept. of Human Services (Oregon Supreme Court)
  • Logan v. Zimmerman Brush Co. (SCOTUS 1982)
  • Cole/Dinsmore v. DMV (Oregon Supreme Court)
  • Campbell-Ewald Co. v. Gomez (SCOTUS 2015)
  • Vaughn v. First Transit, Inc. (Oregon Supreme Court 2009)

Research the cases using credible sources such as the U.S. Supreme Court website, Oregon Law Library, Cornell Legal Information Institute, Justia, Oyez, or Findlaw.

Your paper should:

  1. Introduce the shared legal topic and explain its significance.
  2. For your selected case pair, discuss:
  • The facts: parties involved and dispute background.
  • The key legal questions and the Supreme Court’s decisions.
  • The main points of any dissenting opinions (if present).
  • Conclude by comparing the cases’ perspectives on the central topic.

    • Evaluation Criteria:

    • Completeness: addressing all parts of the assignment.
    • Concreteness: inclusion of relevant specific terms, cases, and details.
    • Correctness: proper grammar and spelling.
    • Craft: engaging, creative, and thematically coherent analysis.

    Note: Late submissions will be penalized by 10% per day, or 5% if submitted before 11:59 pm on the due date.

    Sample Paper For Above instruction

    Analysis of Administrative Due Process and a Case Law Comparison

    Introduction

    Administrative due process is a fundamental aspect of administrative law, ensuring fair treatment through the legal process when individuals or entities are subjected to governmental decisions that affect their rights or interests. This concept guarantees that agencies follow fair procedures before depriving someone of life, liberty, or property. Understanding the appeals processes within administrative agencies, such as the Oregon Medicaid appeal system and the federal Social Security disability claims process, illuminates key facets of administrative justice. Moreover, comparing Supreme Court cases relating to agency discretion and due process enhances comprehension of how legal rulings shape administrative law. This essay explores these themes through a constructed scenario and case law analysis.

    Scenario Construction and Program Description

    Imagine a fictional individual, Sarah, residing in Oregon, who receives a notice denying her Medicaid benefits due to alleged ineligibility. Believing this decision to be unjust, Sarah seeks an administrative hearing through the Oregon Office of Administration Hearings. The Medicaid appeals process involves multiple stages, including initial reconsideration and a hearing before an administrative law judge (ALJ). The process is governed by state regulations, and the program aims to provide a fair, accessible mechanism for beneficiaries to contest decisions. Sarah can submit additional evidence, request a hearing, and potentially appeal any adverse final decision to the Oregon Court of Appeals, illustrating the procedural safeguards involved.

    Similarly, on the federal level, an individual with disabilities, John, applies for Social Security disability benefits. When his claim is denied, John can request a hearing before an administrative law judge, part of the Social Security Administration’s appeals process. The process emphasizes the importance of fair hearings, evidence submission, and the opportunity to question witnesses. Both processes exemplify procedural protections designed to ensure fair outcomes, emphasizing the significance of administrative justice in social safety net programs.

    Legal Topics and Their Significance

    The shared focus of many administrative law cases is the extent of agency discretion and the procedural rights afforded to individuals. Proper application of due process requires agencies to provide notice and an opportunity to be heard before adversely affecting rights. This principle is vital because it underpins public confidence in administrative systems and ensures accountability.

    Case Law Analysis

    Turning to case law, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service (2018) exemplifies judicial scrutiny over agency discretion. Here, Weyerhaeuser challenged an agency’s decision to list the northern spotted owl as a threatened species under the Endangered Species Act. The Supreme Court examined whether the agency’s decision involved permissible discretion or overreach, emphasizing the importance of procedural fairness. The Court ruled that the agency’s interpretation was entitled to deference under the Chevron doctrine, but also highlighted limits when agencies act beyond statutory authority.

    In contrast, Logan v. Zimmerman Brush Co. (1982) addressed procedural due process in employment law. The Court upheld the Illinois state law granting Thomas Logan a hearing before his discharge was finalized, emphasizing that due process requires a fair opportunity for those affected to present their case. The dissent expressed concern over judicial interference in administrative procedures, underscoring the tension between agency autonomy and procedural safeguards.

    Comparison and Conclusion

    Both cases underscore the importance of fair procedures in administrative law, albeit in different contexts—environmental regulation versus employment rights. Weyerhaeuser underscores deference to agency expertise while noting that procedural limitations are essential to prevent arbitrary decisions. Logan emphasizes the necessity of procedural fairness in protecting individual rights, reaffirming that due process should not be compromised.

    Integrating these insights, it is evident that administrative law balances agency discretion with procedural protections. Such balance ensures that agencies perform their functions within the bounds of legality and fairness, fostering public trust and accountability. Consequently, understanding these legal principles is crucial for anyone navigating or engaging with administrative processes, as exemplified by Sarah’s scenario and the court decisions examined.

    References

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