Judicial Review

Committee:

The Administrative Conference’s Recommendation 73-1, Adverse Agency Publicity examines statements made by an agency or its personnel which invite public attention to an agency’s action and which may adversely affect persons identified therein. This recommendation was produced in an era where adverse publicity was used as a primary method of enforcement by some agencies.

Committee:

Administrative exhaustion is a familiar feature of administrative law jurisprudence.  It normally bars a party from appealing an agency action (typically an agency adjudication) to a court until the party pursues all available administrative appeals.  A corollary doctrine would bar a party that did exhaust administrative remedies from raising in litigation challenging the agency action any issue it did not raise before the agency.  This facet...