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Bureaucratic Decisions and the Composition of the Lower Courts

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  • Brandice Canes‐Wrone

Abstract

I delineate necessary conditions for the ideological composition of the federal courts to influence bureaucratic decisions independently of lawsuits and test for the relationship with data on the implementation of wetlands policy. Examining 18,331 decisions by the Army Corps of Engineers over whether to issue a permit for the development of wetlands between 1988 and 1996, I analyze whether these decisions were influenced by the composition of the appellate and district courts. The results indicate that judicial ideology significantly affects bureaucratic decision making. Specifically, a standard deviation increase in the liberalism of the lower courts decreases the probability that the Corps will grant a permit by 14%, which is comparable to the effects of long‐recognized determinants of administrative behavior.

Suggested Citation

  • Brandice Canes‐Wrone, 2003. "Bureaucratic Decisions and the Composition of the Lower Courts," American Journal of Political Science, John Wiley & Sons, vol. 47(2), pages 205-214, April.
  • Handle: RePEc:wly:amposc:v:47:y:2003:i:2:p:205-214
    DOI: 10.1111/1540-5907.00014
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    References listed on IDEAS

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    1. Lucas, Robert E., 1977. "Understanding business cycles," Carnegie-Rochester Conference Series on Public Policy, Elsevier, vol. 5(1), pages 7-29, January.
    2. Spiller, Pablo T & Spitzer, Matthew L, 1992. "Judicial Choice of Legal Doctrines," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(1), pages 8-46, March.
    3. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
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