Administrative Law -- 1957 Tennessee Survey

Earle, James B.

Journal: Vanderbilt Law Review

Volume: 10

First Page: 969

Year: 1957

Bluebook Citation: 10 VAND. L. REV. 969 (1957)

Author: James B. Earle: all 5 publications


Abstract

Only a few cases by the Tennessee Supreme Court decided during the survey year considered questions of general administrative law. These concerned the timing and extent of judicial review of administrative action and the conduct of hearings by agencies. Prerequisites to Judicial Review: Whether available administrative remedies must be exhausted by a litigant before seeking a review or other relief by court action is a question not always capable of exact prediction.' The "long settled rule of judicial administration that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted" is subject to a number of exceptions. In State v. Yoakum a number of teachers brought a suit under the Declaratory Judgment Act for a decision with respect to their rights under the transfer provisions of the Teacher Tenure Act of 1951.

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