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Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas
Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas
University of Kentucky Doctoral Dissertations
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.
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 …