- need entitlement to get due process
- positive law (Roth) or assurances (Perry)
- SC says statute creates entitlement and court defines process (Loudermill)
- Rehnquist dissent – take the “bitter with the sweet”
- Use Mathews v. Eldridge balancing test
- private interest
- risk of error
- government’s interest (public interest and admin burden)
- employment cases get pre-termination hearing
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