Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 In APA cases there is no exhaustion requirement in addition to the criteria under Section 704.


Section 10(c) of the APA bears the caption 'Actions reviewable.' It provides in its first two sentences that judicial review is available for 'final agency action for which there is no other adequate remedy in a court,' and that 'preliminary, procedural, or intermediate agency action . . . is subject to review on the review of the final agency action.' The last sentence of § 10(c) reads: 'Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration [see n. 1, supra ], or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.' 5 U.S.C. § 704. 


Whether courts are free to impose an exhaustion requirement as a matter of judicial discretion depends, at least in part, on whether Congress has provided otherwise, for 'of 'paramount importance' to any exhaustion inquiry is congressional intent,' McCarthy v. Madigan, ...

Register or login to access full content



Professors
Professionals
Students