FULLER V OREGON - THE COST OF A CONSTITUTIONAL RIGHT

• NCJ Number: 34451
• Journal: Oregon Law Review Volume: 55 Issue: 1 Dated: (1976) Pages: 99-117
• Author(s): D A LEEN
• Date Published: 1976
• Length: 19 pages
• Corporate Author: University of Oregon
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN FULLER V OREGON (1974) WHICH HELD THAT OREGON'S RECOUPMENT STATUTES VIOLATE NEITHER GUARANTEES OF EQUAL PROTECTION NOR RIGHT TO COUNSEL.

Abstract

THE COURT'S REASONING WITH RESPECT TO THE TWO CONSTITUTIONAL THEORIES ARE DISCUSSED AND ISSUES NOT DECIDED BY THE COURT WHICH HAVE BEEN RAISED IN OPPOSITION TO REPAYMENT OBLIGATIONS ARE CONSIDERED. GUIDELINES FOR LEGISLATION MEETING FULLER'S PROHIBITIONS ARE PROVIDED AND ADDITIONAL PRINCIPLES ARTICULATED BY COURTS IN OTHER RECOUPMENT CASES ARE BRIEFLY DISCUSSED. THE POLITICAL AND PRACTICAL IMPLICATIONS OF SUCH LEGISLATION ARE ALSO EXAMINED.