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Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland
Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland
Journal of the National Association of Administrative Law Judiciary
This Comment addresses the history and intent behind administrative law and agency decision-making, and examines the differences between administrative proceedings and their judicial counterparts. Part II explains the history and effect of claim preclusion. Part III discusses the foundations of Administrative Law. Part IV reviews the Supreme Court's treatment of the preclusive effects of unreviewed agency determinations in civil rights cases, with particular focus on civil rights cases arising under Title VII, the ADEA, and §1983. Part V addresses the necessity and importance of judicial review of administrative agency findings. Part VI reviews the history and purpose of the civil …