In this note, the author examines the recent decision of Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, in which the Supreme Court of the United States apparently dispensed with a balancing approach in deciding how much process was due in parole release determinations. Setting the case in the context of the sometimes inconsistent language in decisions on administrative due process of the last ten years, the author concludes that the Burger Court seems to be edging back uncertainly toward the old, restrictive view of due process based on a distinction between rights and privileges.
Wendelin A. White,
"Some Measure" of Protection: Due Process in the Balance in Grmenholtz,
34 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol34/iss2/8