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A federal statute lists the types and amounts of nutrients that infant formula must contain. The statute also provides that the FDA may by
A federal statute lists the types and amounts of nutrients that infant formula must contain. The statute also provides that the FDA may "by regulation" revise the list or change the amounts prescribed by statute. The statute itself does not provide any standard for these revisions. Does the statute violate the delegation doctrine? Yes, because the statute does not provide an intelligible standard to direct the agency to act. Yes, because in the absence of an explicitly articulated standard, Congress cannot delegate. No, because the Agency must ensure the formula is "nutritious" there is an implicit intelligible principle. No, because there is enabling legislation that created this agency. Sarah is hired by the University of Colorado to teach for one year, as evidenced by the contract she signs with the state's Department of Education. Several weeks into the first semester, she is fired without a hearing because of emergency cuts in the university workforce enacted to avoid a budget overrun. She sues the Colorado claiming a due process violation. Sarah will likely: Lose, because there is no deprivation for fourteenth amendment purposes Lose, unless Sarah can demonstrate that she is a member of a protected class and there was no compelling reason for her termination Win, because she has been deprived of a property interest without a pre or post deprivation hearing Win, because Sarah's fundamental rights have been burdened
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