NCJ Number
34451
Journal
Oregon Law Review Volume: 55 Issue: 1 Dated: (1976) Pages: 99-117
Date Published
1976
Length
19 pages
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.