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Judicial Decisions and Organization Change: Some Theoretical and Empirical Notes on State Court Decisions and State Administrative Agencies

Published online by Cambridge University Press:  02 July 2024

Charles A. Johnson
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Abstract

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This article reports on research evaluating the impact of five Pennsylvania Supreme Court decisions on five Pennsylvania state agencies. Rational choice theory is used to explain several different responses to the judicial decisions: (1) initiating a search for more information, (2) conducting an extensive search, and (3) complying with the court decision and degree of compliance. The analysis demonstrates that the decision to initiate a search depended upon the agency's interpretation of the judicial decision as adverse. The extent of the search was related to the enforcement possibilities. The degree of compliance differed according to whether the agency viewed the decision as adverse and what resources the agency had at its disposal. In general, all of the agencies failed to comply actively with the state court decisions.

Type
Research Article
Information
Law & Society Review , Volume 14 , Issue 1 , Fall 1979 , pp. 27 - 56
Copyright
Copyright © 1979 The Law and Society Association.

Footnotes

*

I wish to thank Bradley Canon, Dean Jaros, Phil Roeder, S.S. Ulmer, Lee Sigelman, and Joel Grossman for comments on previous drafts of this article.

References

Bibliography

BAUM, Lawrence (1978) “Response to Judicial Decisions by Public Policy-Makers: The Scholarship of the 1970's,” presented at the 1978 Annual Meeting of the Midwest Political Science Association, Chicago, April 20-22, 1978.Google Scholar
CANON, Bradley (1977) “Testing the Effectiveness of Civil Liberties Policies at the State and Federal Levels: The Case of the Exclusionary Rule,” 5 American Politics Quarterly 57.Google Scholar
CANON, Bradley (1974) “Is the Exclusionary Rule in Failing Health? Some New Data and a Plea Against a Precipitous Conclusion,” 62 Kentucky Law Review 681.Google Scholar
CARMEN, Ira (1966) Censorship and the Law. Ann Arbor: University of Michigan Press.CrossRefGoogle Scholar
DIXON, Robert G. Jr. (1968) Democratic Representation. New York: Oxford University Press.Google Scholar
DOLBEARE, Kenneth and Phillip, HAMMOND (1971) The School Prayer Decisions: From Court Policy to Local Practice. Chicago: The University of Chicago Press.Google Scholar
DOWNS, Anthony (1967) Inside Bureaucracy. Boston: Little, Brown.CrossRefGoogle Scholar
GLICK, Henry and Kenneth, VINES (1973) State Court Systems. Englewood Cliffs, N.J.: Prentice Hall.Google Scholar
JOHNSON, Charles A. (1979) “Judicial Decisions and Organizational Change: A Theory,” 11 Administration and Society 27.Google Scholar
JOHNSON, Charles A. (1977) “The Implementation and Impact of Judicial Policies: A Heuristic Model,” in Gardiner, John A. (ed.), Public Law and Public Policy. New York: Praeger.Google Scholar
JOHNSON, Richard (1967) The Dynamics of Compliance. Evanston: Northwestern University Press.Google Scholar
MARCH, James and Herbert, SIMON (1958) Organizations. New York: John Wiley.Google Scholar
MAYER, Robert, KING, Charles, BORDERS-PATTERSON, Ann, and McCULLOUGH, James (1974) The Impact of School Desegregation in a Southern City. Lexington, Mass.: Lexington Books.Google Scholar
MEDALIE, Richard, Leonard, ZEITZ, and Paul, ALEXANDER (1968) “Custodial Police Interrogation in Our Nation's Capital: The Attempt to Implement Miranda,” 66 Michigan Law Review 1347.Google Scholar
MILNER, Neal (1971) The Court and Local Law Enforcement. Beverly Hills: Sage.Google Scholar
MUIR, William (1967) Prayer in the Public Schools. Chicago: The University of Chicago Press.Google Scholar
RAINEY, Robert (1974) “Comparing Courts and Legislatures: Value Allocations in State Political Systems,” Ph.D. Dissertation, Department of Political Science, University of North Carolina.Google Scholar
RODGERS, Harrell R. and Charles A., BULLOCK III (1976) Coercion to Compliance. Lexington, Mass.: Lexington Books.Google Scholar
SHAPIRO, Martin (1968) The Supreme Court and Administrative Agencies. New York: Free Press.Google Scholar
SUMMARY DATA ON COUNTY PRISONS AND JAILS (undated). Bureau of Corrections, Special Services Division, Pennsylvania.Google Scholar
WASBY, Stephen (1970) The Impact of the United States Supreme Court. Homewood, Ill.: Dorsey Press.Google Scholar

Cases Cited

Bryant v. Hendrick, 280 A2d 110 (1971).CrossRefGoogle Scholar
Conroy-Prugh Glass Co. v. Pennsylvania Department of Transportation, 321 A2d 598 (1974).Google Scholar
Morrison v. Allied Chemical Corp., 283 A2d 75 (1971).Google Scholar
Morrissey v. Brewer, 408 U.S. 471 (1972).Google Scholar
Pennsylvania Human Relations Commission v. U.S. Steel, 325 A2d 910 (1974).Google Scholar
Rambeau v. Rundle, 314 A2d 842 (1973).Google Scholar