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Administrative Law Judge Decision Making in a Political Environment, 1991 - 2007

Taratoot, Cole Donovan
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Abstract

Unelected bureaucrats make a broad range of important policy decisions raising concerns of accountability in a democratic society. Many classics in the literature highlight the need to understand agency decisions at stages prior to the final vote by agency appointees, but few studies of the bureaucracy do so. To this point, scholars have treated the issue of shirking as one where laziness and inefficiency are the driving forces. However, it is more realistic to expect that shirking comes in the form of ideological resistance by administrators. I develop a theory that the independence afforded to the bureaucracy is functionally comparable to that of the judiciary, allowing for the insertion of individual attitudinal preferences by bureaucrats. Drawing from the attitudinal model of judicial research, I look at whether attitudes affect the decision making of administrative law judges at the National Labor Relations Board, the influence administrative law judge decisions have on reviewing bodies, and whether attitudinal decision making can be controlled by external political and legal actors. Results demonstrate that Democratic judges are more likely than Republican judges to rule for labor in unfair labor practice cases, administrative law judge decisions provide the basis for subsequent decisions of reviewing bodies, and that few political and legal controls exist over this set of bureaucrats. This research provides evidence that lower level bureaucrats make decisions based on their own political preferences and that these preferences have far ranging consequences for policy and law.

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Date
2008-06-25
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Research Projects
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Keywords
administrative law judge, national labor relations board, agency, Congress, President, bureaucracy, courts, federal circuit courts of appeals
Citation
Taratoot, Cole Donovan. 2008. "Administrative Law Judge Decision Making in a Political Environment, 1991 - 2007." Dissertation, Georgia State University. https://doi.org/10.57709/1059870
Embargo Lift Date
2012-01-27
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