With the pending 1991 reauthorization of the Older Americans Act, this article compares the
due process requirements found in federal government-sponsored entitlement programs and
those found in the Older Americans Act of 1965, as amended. Interestingly, the analysis notes a complete lack of individual rights protection in the Older Americans Act, a piece of landmark
legislationfor the elderly. The article raises the question of whether there are "rights" protected
under the due process interpretations in categorical grant programs where individual interests
are denied for nonbudgetary reasons and suggests a role for state units on aging for protecting
any such rights.
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References
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Board of Regents v. Roth, 408 U.S. 564 (1972).
2.
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985).
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Estes, C.L. (1980). The aging enterprise. San Francisco : Jossey-Bass.
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Food Stamp Program, 7 C.F.R. § 273.5(1)(1989).
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Foote's Dixie Dandy, Inc. v. McHenry, 607 S.W. 2d 323 (Ark. 1980).
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Goldberg v. Kelly, 397 U.S. 254 (1970).
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Grants for State and Community Programs on Aging, 45 C.F.R. § 1321 (1988).
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Mathews v. Eldridge, 424 U.S. 319 (1976).
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O'Bannon v. Town Court Nursing Center, Inc., 447 U.S. 773 (1980).
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Older Americans Act of 1965, Pub. L. 89-73, at 42 U.S.C. § 3001 §§ 101 (1-10), as amended through December 31, 1988.
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Right of Review, 5 U.S.C. § 702 (Supp. 11983).
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State Plans for Aid and Services to Needy Families with Children, 42 U.S.C. §602(a)(4) (Supp. 1 1983).
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U.S. Senate Special Committee on Aging in conjunction with the American Association of Retired Persons, the Federal Council on the Aging, and the U.S. Administration on Aging. (1987-1988). Aging America: Trends and projections. Washington, DC: U.S. Department of Health and Human Services.
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Verkuil, P. (1976) Study of informal adjudication procedures. University of Chicago Law Review, 43, 739.
