Arnett v. Kennedy 8212 1118, No. 72

CourtUnited States Supreme Court
Writing for the CourtREHNQUIST; REHNQUIST; POWELL; WHITE; DOUGLAS; MARSHALL; In the Roth and Sindermann cases
Citation94 S.Ct. 1633,416 U.S. 134,40 L.Ed.2d 15
Decision Date16 April 1974
Docket NumberNo. 72
PartiesAlvin J. ARNETT, Director, Office of Economic Opportunity, et al., Appellants, v. Wayne KENNEDY, etc., et al. —1118
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1653 practice notes
  • Thornton v. Barnes, No. 88-2464
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 4, 1989
    ...grace, but by constitutional guarantee.' " Cleveland Bd. of Educ., 470 U.S. at 541, 105 S.Ct. at 1492 (quoting Arnett v. Kennedy, 416 U.S. 134, 167, 94 S.Ct. 1633, 1650, 40 L.Ed.2d 15 (1974) (Powell, J., concurring in part and concurring in result in part)). Therefore, once a person has est......
  • Fowler v. Board of Educ. of Lincoln County, Ky., Nos. 85-5815
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 21, 1987
    ...in drawing statutes which are broad enough to cover a wide range of conduct, yet narrow enough to give fair warning. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not ......
  • Yul Chu v. Miss. State Univ., Civil Action No. 1:08–CV–00232–GHD–DAS.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Mississippi
    • October 3, 2012
    ...point out that a tenured appointment, providing for entitlement to a job, absent cause, would be a far different case.Arnett v. Kennedy, 416 U.S. 134, 184–85, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974) (internal citation omitted). The Fifth Circuit has stated: Mississippi law is clear that neither......
  • Sanders By Sanders v. Marquette Public Schools, No. M81-153 CA2.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • April 14, 1983
    ...of the motion as well as all pleadings, depositions, answers to interrogatories, and admissions properly on file. Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974); Smith v. Hudson, 600 F.2d 60 (6th I. STATUTE OF LIMITATIONS Neither 20 U.S.C. § 1401, the Education for All......
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1617 cases
  • Yul Chu v. Miss. State Univ., Civil Action No. 1:08–CV–00232–GHD–DAS.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Mississippi
    • October 3, 2012
    ...point out that a tenured appointment, providing for entitlement to a job, absent cause, would be a far different case.Arnett v. Kennedy, 416 U.S. 134, 184–85, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974) (internal citation omitted). The Fifth Circuit has stated: Mississippi law is clear that neither......
  • Sanders By Sanders v. Marquette Public Schools, No. M81-153 CA2.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • April 14, 1983
    ...of the motion as well as all pleadings, depositions, answers to interrogatories, and admissions properly on file. Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974); Smith v. Hudson, 600 F.2d 60 (6th I. STATUTE OF LIMITATIONS Neither 20 U.S.C. § 1401, the Education for All......
  • Love v. City of Monterey, No. H012606
    • United States
    • California Court of Appeals
    • August 3, 1995
    ...42 L.Ed.2d 725]; Mitchell v. W.T. Grant Co. (1974) 416 U.S. 600, 611-612 [94 S.Ct. 1895, 1902, 40 L.Ed.2d 406]; Arnett v. Kennedy [1974] 416 U.S. 134, 164 [94 S.Ct. 1633, 1649, 40 L.Ed.2d 15] (concurring opn., Justice Powell), p. 178, 94 S.Ct. at p. 1656 (concurring and dissenting opn., Jus......
  • Bettio v. Village of Northfield, No. 91-CV-1383.
    • United States
    • U.S. District Court — Northern District of Ohio
    • October 18, 1991
    ...him; 2) an explanation of the employer's evidence; and 3) an opportunity to present his side of the story. Id., citing Arnett v. Kennedy, 416 U.S. 134, 170-71, 94 S.Ct. 1633, 1652, 40 L.Ed.2d 15 (1974) (Powell, J., The Sixth Circuit has held that the third factor of the Loudermill test is t......
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4 books & journal articles
  • STARE DECISIS AND INTERSYSTEMIC ADJUDICATION.
    • United States
    • Notre Dame Law Review Vol. 97 Nbr. 3, March 2022
    • March 1, 2022
    ...the plurality's reasoning); Sexton v. Kennedy, 523 F.2d 1311, 1314 (6th Cir. 1975) (treating the plurality opinion from Arnett v. Kennedy, 416 U.S. 134 (1974), as (54) 406 U.S. 682 (1972). (55) Id. at 684 (plurality opinion). (56) Id. (57) Id. (58) Id. at 684-85. (59) Id. at 685. (60) Id. a......
  • The Geography of Abortion Rights
    • United States
    • Georgetown Law Journal Nbr. 109-5, June 2021
    • June 1, 2021
    ...of] such an interest . . . without [due process].’” (second, third, and fourth alterations in original) (quoting Arnett v. Kennedy, 416 U.S. 134, 167 (1974) (Powell, J., concurring in part))); 1134 THE GEORGETOWN LAW JOURNAL [Vol. 109:1081 importantly, when they operate to shut down abortio......
  • Schoolhouse Property.
    • United States
    • Yale Law Journal Vol. 131 Nbr. 5, March 2022
    • March 1, 2022
    ...authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards.'" (quoting Arnett v. Kennedy, 416 U.S. 134, 167 (1974) (Powell, ]., concurring in part and concurring in result in (16.) Ky. Dep't of Corrs. v. Thompson, 490 U.S. 454,460 (1989). In oth......
  • VESTED RIGHTS, "FRANCHISES," AND THE SEPARATION OF POWERS.
    • United States
    • University of Pennsylvania Law Review Vol. 169 Nbr. 5, April 2021
    • April 1, 2021
    ...protections together with special procedures for termination, employees "must take the bitter with the sweet" (quoting Arnett v. Kennedy, 416 U.S. 134,154 (1974) (plurality opinion))); cf. United States v. Chi., Milwaukee, St. Paul & Pac. R.R. Co., 282 U.S. 311, 328 (1931) ("It long has......

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