Mandatory Dispute Resolution: New York's Recall on Welfare Recipients' Due Process Rights

Authors

Rachael Dehner, Benjamin N. Cardozo School of Law

Abstract

This Note will discuss the unconstitutionality of the MDR initiative. Part II will describe the implementation of MDR procedures currently in place. Part III will discuss the necessity of a protected interest in a due process analysis, how Goldberg defined the protected interest and how it has changed since the implementation of PRWORA. Part IV will explore due process and its relation to welfare benefits, focusing on Goldberg v. Kelly. It will also describe the fair hearing process and procedures. Part V will apply the due process analysis developed in Goldberg and Mathews to the MDR interview. Finally, Part VI will present the advantages of alternative dispute resolution in the welfare context and will offer possible modifications to the MDR initiative to comport with due process rights of welfare recipients.

Disciplines

Dispute Resolution and Arbitration | Law

Recommended Citation

Rachael Dehner, Mandatory Dispute Resolution: New York's Recall on Welfare Recipients' Due Process Rights, 3 Cardozo J. Conflict Resol. (2001).
Available at: https://larc.cardozo.yu.edu/cjcr/vol3/iss1/3