law and ideology in the us courts of appeals judicial review of federal agency decisions PDF
Preview law and ideology in the us courts of appeals judicial review of federal agency decisions
UUnniivveerrssiittyy ooff KKeennttuucckkyy UUKKnnoowwlleeddggee University of Kentucky Doctoral Dissertations Graduate School 2010 LLAAWW AANNDD IIDDEEOOLLOOGGYY IINN TTHHEE UU..SS.. CCOOUURRTTSS OOFF AAPPPPEEAALLSS JJUUDDIICCIIAALL RREEVVIIEEWW OOFF FFEEDDEERRAALL AAGGEENNCCYY DDEECCIISSIIOONNSS Jerry D. Thomas University of Kentucky, [email protected] RRiigghhtt cclliicckk ttoo ooppeenn aa ffeeeeddbbaacckk ffoorrmm iinn aa nneeww ttaabb ttoo lleett uuss kknnooww hhooww tthhiiss ddooccuummeenntt bbeenneefifittss yyoouu.. RReeccoommmmeennddeedd CCiittaattiioonn Thomas, Jerry D., "LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS" (2010). University of Kentucky Doctoral Dissertations. 115. https://uknowledge.uky.edu/gradschool_diss/115 This Dissertation is brought to you for free and open access by the Graduate School at UKnowledge. It has been accepted for inclusion in University of Kentucky Doctoral Dissertations by an authorized administrator of UKnowledge. For more information, please contact [email protected]. ABSTRACT OF DISSERTATION JERRY D. THOMAS THE GRADUATE SCHOOL UNIVERSITY OF KENTUCKY 2010 LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS: JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS __________________________________ ABSTRACT OF DISSERTATION __________________________________ A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the College of Arts and Sciences at the University of Kentucky By Jerry D. Thomas Lexington, Kentucky Director: Dr. Ellen D. B. Riggle, Professor of Political Science Lexington, Kentucky 2010 Copyright © Jerry D. Thomas 2010 ABSTRACT OF DISSERTATION LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS: JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS 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 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. 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. 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. KEYWORDS: Judicial Behavior, U.S. Courts of Appeals, Judicial Review, Federal Administrative Agencies, Attitudinal Model ______________________________ Student‘s Signature ______________________________ Date LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS: JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS By Jerry D. Thomas ______________________________ Director of Dissertation ______________________________ Director of Graduate Studies ______________________________ RULES FOR THE USE OF DISSERTATIONS Unpublished dissertations submitted for the Doctor‘s degree and deposited in the University of Kentucky Library are as a rule open for inspection, but are to be used only with due regard to the rights of the authors. Bibliographical references may be noted, but quotations or summaries of parts may be published only with the permission of the author, and with the usual scholarly acknowledgements. Extensive copying or publication of the dissertation in whole or in part also requires the consent of the Dean of the Graduate School of the University of Kentucky. A library that borrows this dissertation for use by its patrons is expected to secure the signature of each user. Name Date ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ DISSERTATION JERRY D. THOMAS THE GRADUATE SCHOOL UNIVERSITY OF KENTUCKY 2010 LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS: JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS __________________________________ DISSERTATION __________________________________ A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the College of Arts and Sciences at the University of Kentucky By Jerry D. Thomas Lexington, Kentucky Director: Dr. Ellen D. B. Riggle, Professor of Political Science Lexington, Kentucky 2010 Copyright © Jerry D. Thomas 2010 for my teachers and mentors
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