William Funk


In this article, Professor Funk first summarizes the law of exhaustion of administrative remedies prior to the Supreme Court's groundbreaking decision in Darby v. Cisneros and then describes that decision and the Court's rationale for it. He notes that both litigants and agencies have been slow to recognize the effect of Darby, so that some agency regulations may still suffer the same flaws as those of the agency in Darby. Professor Funk next addresses the questions that Darby did not answer or which it raised and the responses of lower courts. Some of these questions have been resolved and some not, leaving the lower courts split or confused, but for the most part courts have not been applying the rationale of Darby beyond its particular holding.