The elusive “some kind of hearing” which due process requires has resisted a firm definition over the years. In Mathews v. Eldridge, the United States Supreme Court attempted to simplify these questions by specifying three major factors which would provide a standard for determining the process which is due. The twenty-one cases which have applied the 1976 Eldridge decision
have produced over fifty opinions. Clearly, some disagreements on the definition of due process remain.
This article separates the Eldridge test into its component parts, and examines the application of the test in four selected cases. The focus of this article is on the Eldridge test as a method of legal analysis, rather than on substantive issues and trends.