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 language | English (US) |
|---|---|
| Pages (from-to) | 832-858 |
| Number of pages | 27 |
| Journal | American Politics Research |
| Volume | 39 |
| Issue number | 5 |
| DOIs | |
| State | Published - Sep 2011 |
| Externally published | Yes |
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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 journal › Article
}
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 -