The License You Have vs. The Lice...
The License You Have vs. The License You Want: Roth, Sindermann, and What Counts as Property for Due Process Purposes

Administrative Remedies by Gwendolyn Savitz and Marc Roark

Episode notes

Gwen and Marc cover the cases that define what counts as "property" for due process purposes—and why the answer to that question determines whether the Constitution shows up at all.

They contrast two nurses: Linda, who has her license suspended without a hearing, and Kevin, who is denied a license application with no explanation. Same state, same nursing board, same situation—but Linda gets constitutional protection while Kevin gets nothing. The difference? Linda has a property interest; Kevin has only a "unilateral expectation."

Gwen and Marc work through Board of Regents v. Roth, which establishes that property interests aren't created by the Constitution—they're created by state law, statutes, regulations, and contracts. They examine Perry v. Sindermann, where the Supreme Court said agencies can't make promises wi ... 

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Keywords
Property interestBoard of Regents v. RothLegitimate claim of entitlementCleveland Board of Education v. LoudermillGovernment employmentProfessional licensingConstitutional entitlements