東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

Law and ideology in the U.S. Courts ...

Thomas, Jerry D.

Linked to FindBook

Google Book

Amazon

博客來

Law and ideology in the U.S. Courts of Appeals: Judicial review of federal agency decisions.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Law and ideology in the U.S. Courts of Appeals: Judicial review of federal agency decisions./
Author:	Thomas, Jerry D.
Description:	254 p.
Notes:	Source: Dissertation Abstracts International, Volume: 72-09, Section: A, page: 3501.
Contained By:	Dissertation Abstracts International72-09A.
Subject:	Political Science, Public Administration. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3463641
ISBN:	9781124765174

Law and ideology in the U.S. Courts of Appeals: Judicial review of federal agency decisions.
Thomas, Jerry D.

Law and ideology in the U.S. Courts of Appeals: Judicial review of federal agency decisions. - 254 p.

Source: Dissertation Abstracts International, Volume: 72-09, Section: A, page: 3501.

Thesis (Ph.D.)--University of Kentucky, 2010.

The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.

ISBN: 9781124765174Subjects--Topical Terms:

1017438
Political Science, Public Administration.

Law and ideology in the U.S. Courts of Appeals: Judicial review of federal agency decisions.
LDR:03494nam a2200337 4500 001 1958587
005 20140426115047.5
008 150210s2010 ||||||||||||||||| ||eng d
020 $a 9781124765174
035 $a (MiAaPQ)AAI3463641
035 $a AAI3463641
040 $a MiAaPQ $c MiAaPQ
100 1 $a Thomas, Jerry D. $3 2093717
245 1 0 $a Law and ideology in the U.S. Courts of Appeals: Judicial review of federal agency decisions.
300 $a 254 p.
500 $a Source: Dissertation Abstracts International, Volume: 72-09, Section: A, page: 3501.
500 $a Adviser: Ellen D. B. Riggle.
502 $a Thesis (Ph.D.)--University of Kentucky, 2010.
520 $a The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.
520 $a This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges' attitudes, namely ideology, or a function of legal constraints, including agency adherence to legally prescribed procedures and agency passing standard-of-review muster. Using logistic regression, I examine the impact of legal and ideological variables on the outcome of judges' reviews of agency decisions.
520 $a Results support several hypotheses. Agency adherence to procedural standards, such as those outlined in the Administrative Procedures Act, increases the likelihood that a review panel will defer to the agency. If review panels and judges answer standard-of-review questions favorably toward agencies, review panels and judges are more likely to support agencies in final case outcomes. Individual judge votes to support agencies are influenced by the ideology of other judges on the review panel: if the ideology of the review panel is in agreement with the agency position, individual judges are more likely to support agencies in final case outcomes. Finally, a judge is more likely to dissent when he/she is in ideological (dis)agreement with the agency position.
520 $a In sum, results suggest that judges' regard for law and regard for their judge colleagues informs decisionmaking. Judges often defer to federal administrative agencies, even when their personal policy preferences are not found to be significantly associated with decisions. Judges' ideological preferences appear to be less important in the U.S. Courts of Appeals than previous scholarship indicates, but ideology may influence judges' decisions through the ideological composition of the review panel and in dissent behavior. The implication is that the legal model of judicial behavior may be more prominent than the attitudinal model in the U.S. Courts of Appeals.
520 $a KEYWORDS: Judicial Behavior, U.S. Courts of Appeals, Judicial Review, Federal Administrative Agencies, Attitudinal Model.
590 $a School code: 0102.
650 4 $a Political Science, Public Administration. $3 1017438
650 4 $a Law. $3 600858
650 4 $a Legal Studies. $3 1669774
690 $a 0617
690 $a 0398
690 $a 0553
710 2 $a University of Kentucky. $3 1017485
773 0 $t Dissertation Abstracts International $g 72-09A.
790 $a 0102
791 $a Ph.D.
792 $a 2010
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3463641