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" First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and... "
A Call for Action: Supplement to the Final Report - Page 43
by United States. Congress. Pepper Commission - 1990 - 241 pages
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Public Health Law and Ethics: A Reader

Milbank Memorial Fund - 2002 - 523 pages
...of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected...additional or substitute procedural requirement would entail. In Greene v. Edwards, the West Virginia Supreme Court applies that standard in the public health...
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Administrative Law of the European Union, Its Member States and the United ...

René Seerden, F. A. M. Stroink - 2002 - 360 pages
...used by the government, and the probable value if any of additional procedural safeguards; and, (3) the government's interest, including the function involved and the fiscal and administrative burden that the additional procedures would cause. Thus, unlike formal adjudication where the procedures...
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Law for Recreation and Sport Managers

Doyice Cotten - 2003 - 675 pages
...determine the extent to procedural due process (Mathews v. Eldridge, 1976). In that case the Court stated, "First, the private interest that will be affected...additional or substitute procedural requirement would entail" (Mathews v. Eldridge, 1976, p. 335). As these procedural due process requirements apply to...
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Law and Legal Culture in Comparative Perspective

Günther Doeker-Mach, Klaus A. Ziegert - 2004 - 444 pages
...whether the procedures provided are constitutionally sufficient. The Court announced three factors: First, the private interest that will be affected...additional or substitute procedural requirement would entail.131 In the context of a parent's liberty and property interests in a Hague Convention/ICARA...
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Procedural Due Process: A Reference Guide to the United States Constitution

Rhonda Wasserman - 2004 - 377 pages
...identified three factors to be considered in determining the timing and nature of the hearing required: First, the private interest that will be affected...additional or substitute procedural requirement would entail (Mathews v. Eldridge, 1976). Before applying the test, the Court described the "elaborate" administrative...
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The Ohio State Constitution: A Reference Guide

Steven H. Steinglass, Gino J. Scarselli - 2004 - 411 pages
...Oregon," 49 Or. L Rev. 125 (1970): 138-40. 48. The Mathews test requires a balancing of three factors: "First, the private interest that will be affected...additional or substitute procedural requirement would entail." Mathews, 424 US at 335. 49. See commentary to Article I, section 4. 50. See generally Matthew...
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Law in the Health and Human Services

Donald T. Dickson - 2010 - 640 pages
...protectible property or liberty interest, the Court has required a balancing of a number of factors: "First, the private interest that will be affected...additional or substitute procedural requirement would entail."*** (a) It is not disputed that a child, in common with adults, has a substantial liberty interest...
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Law, Legal Culture and Politics in the Twenty First Century

Günther Doeker-Mach, Klaus A. Ziegert - 2004 - 527 pages
...whether the procedures provided are constitutionally sufficient. The Court announced three factors: First, the private interest that will be affected...additional or substitute procedural requirement would entail.131 In the context of a parent's liberty and property interests in a Hague Convention/ICARA...
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The Psychology and Law of Criminal Justice Processes

Roger J. R. Levesque - 2006 - 723 pages
...a three-factor test for evaluating procedural due process claims which requires a court to consider first, the private interest that will be affected...additional or substitute procedural requirement would entail. In our view, the Mathews balancing test does not provide the appropriate framework for assessing...
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The Flight from Reality in the Human Sciences

Ian Shapiro, Sterling Professor of Political Science and Henry R Luce Director of the MacMillan Center for International and Area Studies Ian Shapiro - 2005 - 223 pages
...much process is due in these circumstances it is necessary to take the following factors into account: First, the private interest that will be affected...additional or substitute procedural requirement would entail.129 ' Posner, "Some Uses and Abuses," p. 294. 7 Posner, The Federal Courts, p. 300. 8 424 US...
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