I am grading exam essays involving a due process scenario and remembering
why I like teaching straight content so much -- its a lot easier than legal
reasoning.  I am really frustrated with my lack of success with this
particular topic.  The students all know the magic words like rational basis
test, notice, opportunity to be heard, state action etc. but don't
demonstrate any grasp of how to apply these concepts.
 
I have had a good student suggest that they just need a lot more examples.
 
Do any of you have favorite due process/equal protection cases (real or
fictional) that you use to illustrate these concepts?  I would really like
to see sample exam questions and mentions of cases, particularly those in
which businesses claim violations of conlaw rights.  Few text books include
cases on these issues.  The LEB books don't focus much on conlaw and even
less on due process/equal protection.  The Conlaw books focus on the
fundamental liberty rights cases protecting individual human rights (like
Griswold) but not business cases.
 
Example:  One of my favorites is Staino v. Eagle Downs Race Assn., 512 A.2d
75 (1986) where Staino was ejected from a horse race track by the
association that operated the track without any stated justification or
hearing.  The Court found no state action even though the track was highly
regulated by the state and raised money for the state through pari-mutual
wagering.  The Court also found no life, liberty or property deprivation,
hence no need for due process notice & hearing.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Lizbeth Griffin Ellis, Associate Professor
New Mexico State University
P.O. Box 30001, MSC 3FIN
Las Cruces, NM  88003-0001
(505)646-5066  / [log in to unmask]