use only class materials!!!!!!!! ( no outside sources )

Essays should be 4-6 double-spaced pages. They should be written using only lectures and reading materials provided on Moodle. Identify the sources for specific facts, concepts, and quotes by simple parenthetical references. Since you are only to use class materials, the instructor should easily be able to identify the source.

For the essays, you cannot “cut and paste”. Use the materials from class only and be sure to provide a simple reference, such as (Powerpoint) or (Library of Congress).

Answer all parts of the chosen question. Demonstrate that you have reviewed and understand any relevant information in that section’s materials.

When useful to the answer, incorporate details such as case names, author’s names, facts, and particularly specific terms or jargon important to that subject.

The essays should be thematic. Sentences should be complete.

ESSAY ON SECTION 3: ADJUDICATION (Due 5 pm, April 29)

One night you are approached by a friend, Ian A. Bind, who knows you are a real student of administrative law. Ian explains that he just received a letter stating that the unemployment benefits he hoped to receive since he lost his job due to COVID have been denied. Evidently his employer considers his release a “hiatus” from work and not a termination. (“Hiatus” is not a legal term. His boss simply does like the idea that their idle workers will be paid by the government and might choose to work somewhere else later.)

The denial letter indicated that there is an appeals process that could at some point include an oral hearing.

After you very strongly note that your professor warned you against giving any legal advice, you decide that you will answer the following questions for your friend:

1) Can the government deny benefits without a formal adjudication hearing? When are such hearings required, according to case law?

- Ian believes the government must hold such oral hearing before denying his benefits. Is he correct?

2) What might this hearing be like? Is it just like a court hearing? How might it differ from a court hearing?

- If this is an Oregon agency, what would be distinctive about the process?

3) In your opinion, is the general system for determining when and how a hearing must take place fair? Why, or why not?