Cracks in 'The New Property': Adjudicative Due Process in the Administrative State

Abstract

The article discusses the nature of the elimination of the right-privilege distinction that had previously prevented federal civil servants from exercising their constitutional rights without fearing for their jobs. This discussion finds the elimination of the distinction was exceptionally limited in its scope since it was not readily applied to the states and it does not ensure that due process is properly afforded to the employee.

Keywords: due process, public employee, state actor