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- Title
Administrative Law Judges in Fair Housing Enforcement: Attitudes, Case Facts, and Political Control Administrative Law Judges in Fair Housing Enforcement: Attitudes, Case Facts, and Political Control.
- Authors
Seabrook, Nicholas R.; Wilk, Eric M.; Lamb, Charles M.
- 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.
- Subjects
UNITED States; HOUSING discrimination; EXAMINERS (Administrative procedure); UNITED States. Dept. of Housing &; Urban Development; JUDICIAL process -- Social aspects; ADMINISTRATIVE law; FREEDOM of Information Act (U.S.); PROBIT analysis
- Publication
Social Science Quarterly (Wiley-Blackwell), 2013, Vol 94, Issue 2, p362
- ISSN
0038-4941
- Publication type
Article
- DOI
10.1111/j.1540-6237.2012.00880.x