Abstract

http://ssrn.com/abstract=2060469
 


 



Notice and the Right to Be Heard: The Significance of Old Friends


Stephen Subrin


Northeastern University - School of Law

A. Richard Dykstra


Friedman Rubin

1974

Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 9, No. 3, pp. 449-480, May 1974
Northeastern University School of Law Research Paper

Abstract:     
Judges and advocates have been called upon to consider novel questions concerning the applicability of the ancient legal requirements of notice and hearing. Our purpose here is to analyze the importance of providing people with the procedural protections that notice and a hearing represent. We begin with an attempt to articulate the purposes served by requiring notice and an opportunity for a hearing. We next consider some traditional and modern limitations on those requirements and inquire whether they are justified in light of our functional analysis. The relationship between our formulation and several landmark decisions handed down by the Supreme Court since 1968 is then examined, followed by a survey of reasons which may explain the importance in contemporary society of notice and hearing as procedural constraints.

Number of Pages in PDF File: 18

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Date posted: May 27, 2012  

Suggested Citation

Subrin, Stephen and Dykstra, A. Richard, Notice and the Right to Be Heard: The Significance of Old Friends (1974). Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 9, No. 3, pp. 449-480, May 1974; Northeastern University School of Law Research Paper . Available at SSRN: http://ssrn.com/abstract=2060469

Contact Information

Stephen Subrin (Contact Author)
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
A. Richard Dykstra
Friedman Rubin ( email )
1126 Highland Ave
Bremerton, WA 98337
United States
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