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The Principal-Agent Theory and the Judicial System: Measuring U.S. Courts of Appeals Compliance to the Supreme Court's Establishment Clause Cases, 1969-1996

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Abstract:

Previous studies using the principal-agent theory as a means for explaining lower court compliance to the Supreme Court have found that the United States Courts of Appeals are both highly congruent and responsive to Supreme Court precedent. Using the Establishment Clause cases involving schools and adding a measure for public opinion this paper aims to measure the extent that the United States Courts of Appeals will follow their principal even when taking into account the effect of the circuit's public opinion regarding Supreme Court Establishment Clause cases. Employing a fact-pattern analysis, I find that the Courts of Appeals follow their principal at a high rate. However, the effect of public opinion on Courts of Appeals decision-making is not direct, but instead requires a consideration of the region in which cases are decided.

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court (255), suprem (183), case (137), decis (104), appeal (101), variabl (98), public (94), fact (89), opinion (76), use (68), establish (68), studi (67), model (57), claus (56), make (55), princip (52), level (51), agent (50), ideolog (49), judg (48), measur (45),
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Name: The Midwest Political Science Association
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http://www.indiana.edu/~mpsa/


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MLA Citation:

Luse, Jennifer. "The Principal-Agent Theory and the Judicial System: Measuring U.S. Courts of Appeals Compliance to the Supreme Court's Establishment Clause Cases, 1969-1996" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 07, 2005 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p86098_index.html>

APA Citation:

Luse, J. K. , 2005-04-07 "The Principal-Agent Theory and the Judicial System: Measuring U.S. Courts of Appeals Compliance to the Supreme Court's Establishment Clause Cases, 1969-1996" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois Online <.PDF>. 2009-05-25 from http://www.allacademic.com/meta/p86098_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Previous studies using the principal-agent theory as a means for explaining lower court compliance to the Supreme Court have found that the United States Courts of Appeals are both highly congruent and responsive to Supreme Court precedent. Using the Establishment Clause cases involving schools and adding a measure for public opinion this paper aims to measure the extent that the United States Courts of Appeals will follow their principal even when taking into account the effect of the circuit's public opinion regarding Supreme Court Establishment Clause cases. Employing a fact-pattern analysis, I find that the Courts of Appeals follow their principal at a high rate. However, the effect of public opinion on Courts of Appeals decision-making is not direct, but instead requires a consideration of the region in which cases are decided.

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Associated Document Available The Midwest Political Science Association
Abstract Only All Academic Inc.
Associated Document Available Political Research Online

Document Type: .PDF
Page count: 39
Word count: 13972
Text sample:
Introduction The interaction between the United States Courts of Appeals and the United States Supreme Court has gained much attention in recent years. Many scholars have asserted that the relationship between these two institutions can be explained by the principal-agent theory that was originally established by scholars to describe the functioning of bureaucracies (Songer Segal and Cameron 1994; Benesh 2002). According to this theory agents which can be described as the subordinates in the hierarchy exist to serve the
0.6564113 0.155 Endorse 2.221757 0.9289916 0.009 Coercion -2.542066 2.752313 0.822 Supreme Court Ideology -3.825538 2.780362 0.085 Circuit Court Ideology -0.2116135 2.394505 0.465 Public Opinion -0.026879 0.0574989 0.320 South -7.466257 3.820281 0.974 South* Public Opinion 0.2159558 0.1284006 0.047 -2.82188 2.440178 0.248 Constant Number of Observations=89 Wald Chi-Squared=41.33 Prob>Chi2=0.0002 Pseudo R-Squared=0.5627 Percent Correctly Classified=89.89 Percent Reduction in Error=66.68 *one-tailed test 39


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