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Regulatory Decision-Making on State Supreme Courts: Public Choice, Public Accountability, and Public Interest |
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Abstract:
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The importance of regulatory
activity in the states has been recognized for some time, but recent
developments in judicial federalism on the Supreme Court have helped
shift focus back to the states as regulators and state judiciaries as
active participants in oversight. State court judges and justices
perform vital functions through statutory interpretation and judicial
review of agency actions. These functions have not escaped notice of
legal scholars, who offer a wealth of theoretical and practical
literature on the judicial role in regulation, but political scientists
have been slow to turn their attention to state court activities in
regulation.
I review several of the major theories offered by legal scholars to
explain and guide statutory interpretation and judicial review of
regulation, particularly newer approaches drawn from public choice
scholarship and dynamic approaches to interpretation, and test their
implications using data from the State Supreme Court Data Project. My
results demonstrate the relative strength of systematic, theoretically
grounded approaches to regulatory legislation and agency actions within
differing institutional frameworks compared to public interest
balancing and the influence of personal partisanship and
ideology. |
Most Common Document Word Stems:
regul (124), state (115), court (80), polit (74), justic (71), elect (63), case (60), vote (52), public (52), judici (47), govern (45), variabl (40), regulatori (39), suprem (37), interest (37), theori (35), 1 (34), econom (33), competit (32), review (31), like (31), |
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Association:
Name: The Midwest Political Science Association URL: http://www.indiana.edu/~mpsa/
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Citation:
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MLA Citation:
| Graves, Scott. "Regulatory Decision-Making on State Supreme Courts: Public Choice, Public Accountability, and Public Interest" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 15, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p83423_index.html> |
APA Citation:
| Graves, S. E. , 2004-04-15 "Regulatory Decision-Making on State Supreme Courts: Public Choice, Public Accountability, and Public Interest" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p83423_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: The importance of regulatory
activity in the states has been recognized for some time, but recent
developments in judicial federalism on the Supreme Court have helped
shift focus back to the states as regulators and state judiciaries as
active participants in oversight. State court judges and justices
perform vital functions through statutory interpretation and judicial
review of agency actions. These functions have not escaped notice of
legal scholars, who offer a wealth of theoretical and practical
literature on the judicial role in regulation, but political scientists
have been slow to turn their attention to state court activities in
regulation.
I review several of the major theories offered by legal scholars to
explain and guide statutory interpretation and judicial review of
regulation, particularly newer approaches drawn from public choice
scholarship and dynamic approaches to interpretation, and test their
implications using data from the State Supreme Court Data Project. My
results demonstrate the relative strength of systematic, theoretically
grounded approaches to regulatory legislation and agency actions within
differing institutional frameworks compared to public interest
balancing and the influence of personal partisanship and
ideology. |
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| Document Type: |
.pdf |
| Page count: |
29 |
| Word count: |
7527 |
| Text sample: |
| Regulatory Decision-Making on State Supreme Courts: Public Accountability Public Interest and Public Choice Scott E. Graves Assistant Professor Department of Political Science Georgia State University polseg@langate.gsu.edu The American states offer political scientists many opportunities for interesting and enlightening work that we have only in recent years begun to explore. Belying the considerably larger body of work analyzing regulatory politics and judicial decision- making in the national arena a great many important policy choices and political influences are made at |
| 49.0 54.5 60.0 Democratic legislature Ranney + 1 SD Life appointment Agency action Environment regulation 51.5 57.9 64.0 Democratic legislature Ranney + 1 SD Life appointment Ideology – 1 SD Agency action Environment regulation 53.0 59.5 65.7 Democratic legislature Ranney + 1 SD Life appointment Ideology – 1 SD GSP + 1 SD Agency action Environment regulation 54.2 60.7 66.8 Democratic legislature Ranney + 1 SD Life appointment Ideology – 1 SD GSP + 1 SD Economic concentration + |
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