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THE NEW DYNAMICS OF BUREAUCRATIC AUTONOMY: COURTS,
LITIGATION, AND AGENCIES IN THE MODERN AMERICAN STATE
by
Daniel Evan Walters
A Thesis Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
MASTER OF ARTS
(POLITICS AND INTERNATIONAL RELATIONS)
May 2008
Copyright 2008 Daniel Evan Walters
Object Description
| Title | The new dynamics of bureaucratic autonomy: courts, litigation, and agencies in the modern American state |
| Author | Walters, Daniel Evan |
| Author email | mrdanw11@yahoo.com |
| Degree | Master of Arts |
| Document type | Thesis |
| Degree program | Politics & International Relations |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2008-03-04 |
| Date submitted | 2008 |
| Restricted until | Unrestricted |
| Date published | 2008-04-03 |
| Advisor (committee chair) | Barnes, Jeb |
| Advisor (committee member) |
Gillman, Howard Ethington, Phil |
| Abstract | This thesis examines two cases air pollution regulation in the Environmental Protection Agency and military tribunal policy in the Department of Defense in an attempt to better understand bureaucratic politics in the modern era. The central claim is that modern bureaucratic agencies, while under significant pressure from congress, the president, and his political appointees to support the elected branches policy priorities, are frequently shielded from presidential and congressional usurpations. They are thus protected because of their internalization of and instrumental use of adversarial legal recourses, a mechanism I call litigation-fostered bureaucratic autonomy. It is hypothesized that litigation-fostered bureaucratic autonomy emerges from a conversion of the original place of courts as instruments of bureaucratic control. The main contributions of the thesis are its challenges to the literatures on bureaucratic control (principal-agent models), bureaucratic autonomy, and adversarial legalism. The argument is that all of these literatures have underestimated and/or misunderstood the complex use of litigation in agency rulemaking. The primary purpose of the paper is concept-building, not comprehensive analysis, but the paper finishes with a discussion of the next steps in the larger project and a reflection on possible applications of the project to other debates within political science, namely the debates on judicial behavior and regime politics. |
| Keyword | administrative law; EPA; bureaucracy; military tribunals; law and society |
| Geographic subject (country) | USA |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Type | texts |
| Legacy record ID | usctheses-m1079 |
| Rights | Walters, Daniel Evan |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-Walters-20080403 |
| Archival file | uscthesesreloadpub_Volume23/etd-Walters-20080403.pdf |
Description
| Title | Page 1 |
| Full text | THE NEW DYNAMICS OF BUREAUCRATIC AUTONOMY: COURTS, LITIGATION, AND AGENCIES IN THE MODERN AMERICAN STATE by Daniel Evan Walters A Thesis Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS (POLITICS AND INTERNATIONAL RELATIONS) May 2008 Copyright 2008 Daniel Evan Walters |
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