The labor of judging: Examining administrative law judge decisions

Cole Taratoot, Robert M. Howard

Research output: Contribution to journalArticle

10 Citations (Scopus)

Abstract

There has been significant scholarly research on judicial decision making and bureaucratic control but little research on bureaucrats who perform a judicial function, namely, administrative law judges. In this article, we analyze the influences on the decisions of administrative law judges (ALJs) from 1991 to 2006. Using ordered logit, we examine the influence of policy preference and hierarchical and political constraint. We find that ALJs are comparable to Federal District Court judges in that they use ideology in their rulings, are also subject to hierarchical control by higher courts, and that they are constrained by separation of powers influences.

Original languageEnglish (US)
Pages (from-to)832-858
Number of pages27
JournalAmerican Politics Research
Volume39
Issue number5
DOIs
StatePublished - Sep 2011
Externally publishedYes

Fingerprint

administrative law
labor
separation of powers
district court
ideology
decision making

Keywords

  • administrative law
  • bureaucracy
  • bureaucratic control
  • judicial behavior
  • judicial decision making

ASJC Scopus subject areas

  • Sociology and Political Science

Cite this

The labor of judging : Examining administrative law judge decisions. / Taratoot, Cole; Howard, Robert M.

In: American Politics Research, Vol. 39, No. 5, 09.2011, p. 832-858.

Research output: Contribution to journalArticle

@article{dc47235321d247278f15f23c530614ce,
title = "The labor of judging: Examining administrative law judge decisions",
abstract = "There has been significant scholarly research on judicial decision making and bureaucratic control but little research on bureaucrats who perform a judicial function, namely, administrative law judges. In this article, we analyze the influences on the decisions of administrative law judges (ALJs) from 1991 to 2006. Using ordered logit, we examine the influence of policy preference and hierarchical and political constraint. We find that ALJs are comparable to Federal District Court judges in that they use ideology in their rulings, are also subject to hierarchical control by higher courts, and that they are constrained by separation of powers influences.",
keywords = "administrative law, bureaucracy, bureaucratic control, judicial behavior, judicial decision making",
author = "Cole Taratoot and Howard, {Robert M.}",
year = "2011",
month = "9",
doi = "10.1177/1532673X11409859",
language = "English (US)",
volume = "39",
pages = "832--858",
journal = "American Politics Research",
issn = "1532-673X",
publisher = "SAGE Publications Inc.",
number = "5",

}

TY - JOUR

T1 - The labor of judging

T2 - Examining administrative law judge decisions

AU - Taratoot, Cole

AU - Howard, Robert M.

PY - 2011/9

Y1 - 2011/9

N2 - There has been significant scholarly research on judicial decision making and bureaucratic control but little research on bureaucrats who perform a judicial function, namely, administrative law judges. In this article, we analyze the influences on the decisions of administrative law judges (ALJs) from 1991 to 2006. Using ordered logit, we examine the influence of policy preference and hierarchical and political constraint. We find that ALJs are comparable to Federal District Court judges in that they use ideology in their rulings, are also subject to hierarchical control by higher courts, and that they are constrained by separation of powers influences.

AB - There has been significant scholarly research on judicial decision making and bureaucratic control but little research on bureaucrats who perform a judicial function, namely, administrative law judges. In this article, we analyze the influences on the decisions of administrative law judges (ALJs) from 1991 to 2006. Using ordered logit, we examine the influence of policy preference and hierarchical and political constraint. We find that ALJs are comparable to Federal District Court judges in that they use ideology in their rulings, are also subject to hierarchical control by higher courts, and that they are constrained by separation of powers influences.

KW - administrative law

KW - bureaucracy

KW - bureaucratic control

KW - judicial behavior

KW - judicial decision making

UR - http://www.scopus.com/inward/record.url?scp=79961219231&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=79961219231&partnerID=8YFLogxK

U2 - 10.1177/1532673X11409859

DO - 10.1177/1532673X11409859

M3 - Article

AN - SCOPUS:79961219231

VL - 39

SP - 832

EP - 858

JO - American Politics Research

JF - American Politics Research

SN - 1532-673X

IS - 5

ER -