Notice and the Right to Be Heard: The Significance of Old Friends
18 Pages Posted: 27 May 2012
Date Written: 1974
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.
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