Date of Award
4-2008
Degree Name
Master of Arts
Department
Political Science
First Advisor
Dr. Ashlyn Kuersten
Second Advisor
Dr. John A. Clark
Third Advisor
Dr. John A. Clark
Access Setting
Masters Thesis-Open Access
Abstract
By examining cases from the Courts of Appeals in several issue areas between 1969 and 2002 (e.g., the Burger and Rehnquist Courts), this research examines both the fear of reversal from the high court (judicial impact theory) and whether this results in differences in response from these courts to Supreme Court precedent (principal-agent theory). The study finds that when the Supreme Court grants review to a decreasing number of lower court cases and thus gives a longer leash to these courts that instead of deferring to their principal, the appellate courts often defy the high court and seek to advance their collective policy and doctrine preferences.
Recommended Citation
Vanden Brook, Nathaniel R., "Deference of Defiance? Principal-Agent Theory and the US Courts of Appeals during the Rehnquist and Burger Courts" (2008). Masters Theses. 4185.
https://scholarworks.wmich.edu/masters_theses/4185