TITLE

Supreme Court Auditing of the US Courts of Appeals: An Organizational Perspective

AUTHOR(S)
Lindquist, Stefanie A.; Haire, Susan B.; Songer, Donald R.
PUB. DATE
October 2007
SOURCE
Journal of Public Administration Research & Theory;Oct2007, Vol. 17 Issue 4, p607
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Using an aggregate-level model of Supreme Court-circuit court interactions, this study assesses the extent to which the Court's auditing process of circuit court outputs is shaped by organizational dynamics such as structural capacity, institutionalization, and demographic characteristics. Principals in organizational hierarchies must audit the behavior of their agents to ensure that the agents are faithfully complying with the principals' preferences. In the case of the Supreme Court, such auditing activities must take place in the face of very limited institutional capacity on the Court's part. We propose that the Court considers certain broad organizational and institutional characteristics at the circuit level when performing this task. In particular, we find that the Court strategically allocates its limited institutional resources to audit decisions to respond to its recent interactions with individual circuits in past terms, the circuits' internal decision-making dynamics (including dissent and reversal rates), and goal conflict between the circuit and the Supreme Court.
ACCESSION #
26962726

 

Related Articles

  • UNITED STATES v. RUIZ-GAXIOLA: SETTING THE STANDARD FOR MEDICATING DEFENDANTS INVOLUNTARILY IN THE NINTH CIRCUIT. Cruz, Michelle R. // Golden Gate University Law Review;Spring2011, Vol. 41 Issue 3, p387 

    The article summarizes the case of the U.S. versus Ruiz-Gaxiola wherein the Court of Appeals for the Ninth Circuit held that the government could not treat a defendant involuntarily for the purpose of giving the defendant competent to stand trial. It presents facts and procedural history of the...

  • D.C. Circuit Invalidates For-Cause-Only Removal of Copyright Royalty Judges. Jordan III, William S. // Administrative & Regulatory Law News;Fall2012, Vol. 38 Issue 1, p24 

    In this article, the author discusses the fallout of the decision of the U.S. Supreme Court in the case Free Enterprise Fund v. Public Company Accounting Oversight Bd., in which the circuit court of Washington, D.C. struck down the statutory scheme for the appointment and removal of copyright...

  • "Stare What?": The Fourth Circuit's Questionable Holding in U.S. v. Hamilton. WOMACK, ALICE K. // North Carolina Central Law Review;2013, Vol. 35 Issue 2, p293 

    The article offers the author's insights on the inconsistency in the decision of the U.S. Fourth Circuit in the case U.S. v. Hamilton with the decision of the U.S. Supreme Court in the case U.S. v. Alvarez regarding military service. She highlights the military career and the charges against...

  • Ten Tips from the Bench: Motion Practice Oral Argument. Aspen, Hon. Marvin E. // Consumer & Personal Rights Litigation;Spring2012, Vol. 15 Issue 1, p19 

    The article offers suggestion for effective oral advocacy of contested motions by judges including motions to dismiss and motions for summary judgment and also on requesting to conduct oral argument on a regular basis. It mentions that the primary authorities in a federal district court are the...

  • IMPLICATED BUT NOT CHARGED: IMPROVING DUE PROCESS FOR UNINDICTED CO-CONSPIRATORS. Tayeh, Raeed N. // Akron Law Review;2014, Vol. 47 Issue 2, p551 

    The article discusses the improving of due process for unindicted co-conspirators. Topics discussed include the practice of publicly naming unindicted co-conspirators before trial, address the due process dilemma of naming unindicted co-conspirators by the U.S. Supreme Court, and addressing of...

  • SUPREME COURT REVERSALS OF THE NINTH CIRCUIT. Scott, Kevin M. // Arizona Law Review;Summer2006, Vol. 48 Issue 2, p341 

    The author presents an analysis of the reversal rate by the U.S. Supreme Court of the decisions of the Ninth Circuit Court of Appeals. The Supreme Court has reversed the decisions of the Ninth Circuit on an average of 10.78 times per term for the past 50 years. The size of the Ninth Circuit...

  • PPACA: Individual Mandate Heads to Supremes. POSTAL, ARTHUR D. // National Underwriter / Life & Health Financial Services;8/22/2011, Vol. 115 Issue 16, p12 

    The article reports that the U.S. Supreme Court will be the ultimate arbiter for the mandate provision of the Patient Protection and Affordable Care Act (PPACA). James Klein of the American Benefits Council says that only the Supreme Court can give the clarity on the constitutionality of the...

  • SCOTUS Won't Hear 401(k) Employer Stock Case. Cornfield, Jill // Plan Sponsor News;2015, p50 

    The article discusses the U.S. Supreme Court Case Tatum v. RJR Pension Committee which deals with 401(k) stock, noting that the court declined to hear the case as it is the right of the 4th Circuit to hear it.

  • Their Voices Boomed Un-Till We Could Hear Them No More. LEA, FRANKLIND; MCNEILL, LEAH FIORENZA; STINGLEY, MARK // ABI Journal;Nov2015, Vol. 34 Issue 11, p12 

    The article discusses the U.S. Supreme Court's decision in the Till case. Topics covered include how the right approach in determining the cramdown interest rate continues to be in the hands of circuit courts in the U.S., how the parties in Till aimed to know whether the secured creditor was...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics