Bishop v. Wood 426 U.S. 341 (1976)
BISHOP v. WOOD 426 U.S. 341 (1976)
Bishop worked a major change in the modern law of procedural due process, enshrining in the law the view Justice william h. rehnquist had unsuccessfully urged in arnett v. kennedy (1974): the due process right of a holder of a statutory "entitlement" is defined by positive law, not by the Constitution itself.
Here, a city ordinance that classified a police officer as a "permanent employee" was nonetheless interpreted by the lower federal courts to give an officer employment only "at the will and pleasure of the city." The Supreme Court held, 5–4, that this ordinance created no "property" interest in the officer's employment, and that, absent public disclosure of the reasons for his termination, he had suffered no stigma that impaired a "liberty" interest. The key to the majority's decision presumably lay in this sentence: "The federal court is not the appropriate forum in which to review the multitude of personnel decisions that are made daily by public agencies."
In dissent, Justice william j. brennan accurately commented that the Court had resurrected the "right/privilege" distinction, discredited in goldberg v. kelly (1970), and insisted that there was a federal constitutional dimension to the idea of "property" interests, not limited by state law and offering the protections of due process to legitimate expectations raised by government.
Kenneth L. Karst
"Bishop v. Wood 426 U.S. 341 (1976)." Encyclopedia of the American Constitution. . Encyclopedia.com. (August 26, 2019). https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/bishop-v-wood-426-us-341-1976
"Bishop v. Wood 426 U.S. 341 (1976)." Encyclopedia of the American Constitution. . Retrieved August 26, 2019 from Encyclopedia.com: https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/bishop-v-wood-426-us-341-1976
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.