This is a transcript of extemporaneous remarks regarding the opportunity to be heard in situations where a hearing would be inappropriate. The speaker argues that the law could be made better by focusing on what to do about cases in which there are some doubts about the facts, but a trial would clearly be inappropriate. The speaker suggests that in such situations, a party be given an explanation of charges and evidence against him/her and an opportunity to respond, but nothing more.
Kenneth C. Davis,
The Goss Principle,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol16/iss2/7