the divisions. No matter what an individual's function is, computers and technology have the capacity to cross arbitraily defined boundaries.
ROSE T. PFUND
Fayol, Henri, 1949. General and Industrial Management. New York: Pittman Publishing Corp.
Gulick, Luther, and Lyndall Urwick, eds., 1937. Papers on the Science of Administration. New York: Augustus M. Kelley Publishers.
La Todd R. Porte, ed., 1975. Organized Social Complexity: Challenge to Politics and Policy. Princeton, NJ: Princeton University Press.
Lindblom, Charles, 1959. "The Science of Muddling Through", Public Administration Review (Spring) 19:7-88.
----, 1965. The Intelligence of Democracy: Decision Making through Mutual Adjustment. New York: The Free Press.
McCurdy, Howard E., 1977. Public Administration: A Synthesis. Menlo Park, CA: Benjamin/Cummings.
Simon, Herbert, 1947. Administrative Behavior. New York: Macmillan Co.
Taylor, Frederick, 1911. Principles of Scientific Management. New York: W. W. Norton & Co.
Waldo, Dwight, 1948. The Administrative State. New York: Ronald Press.
Wildavsky, Aaron, 1974. The Politics of the Budgetary Process, 2nd Ed. Boston: Little Brown & Co.
DOCTRINE OF EXHAUSTION. A doctrine that is well established in the jurisprudence of administrative law. The doctrine essentially provides that no one person is entitled to seek judicial relief for a supposed or threatened injury until certain prescribed administrative remedies have been exhausted. Until administrative appeals are completed, the doctrine holds that a lawsuit in a court of law is premature and must be dismissed.
Exhaustion has old common law roots and came about for two basic reasons. First, it protects administrative agency authority in that it recognizes the notion that governmental agencies, not the courts, ought to have primary responsibility for the programs that Congress has charged them to administer. This idea is grounded in deference to Congress's delegation of authority to coordinate the various branches of government. Exhaustion applies particularly when an action under review involves the exercise of an agency's discretionary power or when the agency proceedings in question allow the agency to apply its special area of expertise. In addition, the doctrine embraces the concept that an agency ought to have an opportunity to correct its own mistakes before it is drawn into federal court.
Second, the doctrine of exhaustion promotes judicial efficiency. When an agency has the opportunity to correct its own errors, a judicial controversy that could be long and drawn out may be avoided. At the very least, piecemeal or repeated appeals can be avoided. Also, even when a controversy cannot be resolved by administrative review, exhaustion of administrative procedures may produce a useful record for subsequent judicial review, especially in a complex case. Exhaustion thus provides a way in which an agency can compile an efficient record for review by the courts.
The exhaustion doctrine has never been a particularly controversial one. It has been consistently applied by the courts since the early 1900s. Sometimes the results seem harsh, but the doctrine is almost universally perceived as an essential legal tool. It is designed to prevent unnecessary disruption of the administrative process by according agencies their due autonomy, and it is therefore very difficult to circumvent.
Nevertheless, it is important to note that there are situations in which the courts elect not to use exhaustion, feeling instead that judicial intervention is justified. First, exhaustion may produce undue prejudice to subsequent assertion of a court action. For example, an unreasonable or indefinite time frame may unnecessarily delay a plaintiff's remedies. Similarly, a plaintiff may suffer irreparable harm if not granted immediate judicial relief. Second, an administrative remedy may not be adequate because of some doubt as to whether the agency itself has the power to grant effective relief. Similarly, exhaustion has not been required or the challenge is to the agency procedure itself. Third, administrative relief may be inappropriate when the administrative body may be biased or has otherwise predetermined the question before it. Finally, exhaustion has not been mandated in cases in which an agency has violated or will in the future violate constitutional rights.
In sum, the exhaustion doctrine is alive and well and will almost always be applied unless certain administrative actions or inactions clearly deprive parties of adequate and reasonable appeal procedures.
CARL CANNON POHLE
Darby v. Cisneros, 113 Sup. Ct. 2539 ( 1993).
McCarthy v. Madigan, 112 Sup. Ct. 1081 ( 1992).
McKart v. U.S., 395 U.S. 185 ( 1969).
Warren, Kenneth F, 1997. Administrative Law in the Political System. Abridged 3rd ed., Upper Saddle River, New Jersey: Prentice Hall.
DOMESTIC PARTNERSHIP BENEFITS. Employee benefits such as health insurance and sick leave that may be made available with respect to a person designated as a "domestic partner" of an employee.
Employee benefits are becoming an increasingly important part of employee compensation. The value of health benefits, life insurance, retirement benefits, leave, and mandated government programs (e.g., Social Security, unemployment compensation, workers compensation) can reach as high as 40 percent of total payroll (see retirement, fringe benefits, and family leave). Many of the benefits provided by employers include provisions that not