Administrative Law Judges in Fair Housing Enforcement: Attitudes, Case Facts, and Political Control

Nicholas R. Seabrook · Eric M. Wilk · Charles M. Lamb

9 citations0/0 files storedSocial Science Quarterly

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Judicial and Constitutional Studies Administrative Law and Governance Discrimination and Equality Law

Abstract

Objective This study investigates the effect of attitudes, case facts, and political control on the fair housing decisions made by administrative law judges (ALJs) at the Department of Housing and Urban Development (HUD). Methods Based on data obtained from HUD under a Freedom of Information Act request, we use Probit regression to model the outcomes of every housing discrimination case decided by the entire population of ALJs between 1989 and 2003. Results We discover significant variation in the likelihood of a pro‐complainant outcome and the amount of actual damages awarded in fair housing disputes. Conclusion The attitudinal model of judicial decision making appears to apply to ALJ behavior in housing discrimination cases. At the same time, case facts, bureaucratic oversight, and other legal factors constrain ALJs.

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References

2002The Supreme Court and the Attitudinal Model Revisited 2003The Supreme Court and the attitudinal model revisited 1997The choices justices make 2005Supreme Court Decision Making 1994The Hierarchy of Justice: Testing a Principal-Agent Model of Supreme Court-Circuit Court Interactions 1984Predicting Supreme Court Cases Probabilistically: The Search and Seizure Cases, 1962-1981 1992Integrating Alternative Approaches to the Study of Judicial Voting: Obscenity Cases in the U.S. Courts of Appeals 2003Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals

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