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A Due Process Primer

Litigating Government Benefit Cases in the Block Grant Era

By Nancy Morawetz

The prospect of block grant legislation that would transform federal benefit programs has dramatic implications for the litigation of basic issues of procedural fairness in the administration of those programs. This article reviews recent case law that shapes the degree to which the courts will honor due process claims, suggests strategies for asserting procedural claims, and offers cautionary notes on the ways in which procedural claims may undermine client interests.

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