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.

If a plaintiff is unable to bring his case predicated on either a specific or a general statutory review provision, he may still be able to institute a non-statutory review action. Byse and Fiocca, Section 1361 of the Mandamus and Venue Act of 1962 and 'Nonstatutory' Judicial Review of Federal Administrative Action, 81 HARV. L. REV. 308, 321 (1967). Until the turn of the century, the availability of non-statutory review of executive action was uncertain. The Supreme Court from 1870 to 1900 'entertained considerable doubt, in the absence of statutory provision, as to the propriety of judicial control of 'executive' action.' JAFFEE, JUDICIAL CONTROL OF ADMINISTRATIVE ACTION 337 (1965). Then came American School of Magnetic Healing v. McAnnulty, 187 U.S. 94, 47 L. Ed. 90, 23 S. Ct. 33 (1902). The Postmaster General had barred the plaintiff from advertising, fraudulently in the Postmaster General's view, that he could cure disease by the 'proper exercise of the faculty of the brain and mind.' Id. at 96. The plaintiff sought an injunction to restrain a subordinate official from carrying out the order of the Postmaster General. The Court, granting relief, explained that the: acts of all [a government department's] ...

Register or login to access full content