Cognitive aging and the federal circuit courts: how senescence influences the law and judges

"Cognitive aging effects all people. Judges are people. Therefore, cognitive aging must effect judges. Today's federal circuit court judges are older than ever. Yet, scholars know next-to-nothing about the consequences of cognitive aging on these judges. The central effort of this book is...

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Bibliographische Detailangaben
1. Verfasser: Black, Ryan C. 1982- (VerfasserIn)
Format: Buch
Sprache:English
Veröffentlicht: New York Oxford University Press [2024]
Ausgabe:First edition
Schlagworte:
Zusammenfassung:"Cognitive aging effects all people. Judges are people. Therefore, cognitive aging must effect judges. Today's federal circuit court judges are older than ever. Yet, scholars know next-to-nothing about the consequences of cognitive aging on these judges. The central effort of this book is to examine the effects of cognitive aging on federal circuit court judges. The authors undertake a rigorous empirical approach, focusing on a variety of judicial behaviors, including opinion writing, bargaining, voting, and more. The book uncovers a number of sobering trends. Judges require more time to craft their opinions as they age. They tend to rely more on cognitive shortcuts when they bargain over opinion content. Their written opinions become less cognitively complex as they age. Aging judges increasingly rely on their law clerks to write their opinions and borrow more language from party briefs. Their judicial colleagues are less likely to cite older judges' opinions. Aging judges apply Supreme Court precedent an increasingly ideological manner. And, their legal influence on panels wanes while susceptibility to persuasion increases. Cognitive aging appears to influence nearly everything federal circuit court judges do. These findings speak to a broader policy debate about judicial tenure. The authors test public support for a handful of reforms and find surprisingly high support for them. There is no utopian or perfect cure for the problems associated with cognitively aging judges. But incremental changes that remain loyal to judicial independence might alleviate some of the most pernicious consequences"--
Beschreibung:x, 254 Seiten Illustrationen, Karte 25 cm
ISBN:9780197747025
0197747027

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