That is the title of my 2007 paper on judicial senility, which I am showcasing today as part of my “Throwback Thursday” series in which I feature my most “vintage” scholarly works. As an aside, my four-page paper on “Senile Justices” is one of only two “empirical” papers that I have ever written. (I will revisit my other empirical paper in a future post. My other works are either theoretical or historical in nature.)
In summary, inspired by the work of historian David Garrow, my paper attempts to measure the true extent of the problem of judicial decrepitude among the members of the Supreme Court of the United States since the court’s inception in 1789. After collecting and presenting the relevant data, I conclude (contra Garrow) that the incidence of judicial decrepitude is relatively infrequent and rare.

I will read this paper soon!
Then report back.
Blessedly (unlike most law review articles, which can run up to 80 or 90 pages!), my paper is only four pages, including the tables!
I understand it is an exceptionally short paper. I am layperson who on occasion will read the 90 page economics or legal paper (in combination with the large volume of books I purchase second-hand, the publication I am subscribed to, and random articles of interest on google scholar).
I work in the tech industry the component shortages have absolutely been killing me. I am behind on my reading and writing, So I do apologize, before Tuesday I will provide some feedback.
I am the same way (willing to read long papers — even the footnotes) but the average length of many law review articles is just absurd!
More so than economics papers. I believe a lot that has to do with the fact law is a highly literary discipline (merely speculation on my part).
Actually an excellent graduate school choice for undergrad English and History majors. Law is really a practical application of both fields of study ( with other disciplines woven in).
Yes, traditionally speaking, lawhas been the domain of literary types (I myself majored in Spanish lit in college!), but that said, I wonder how long the average English lit paper is?
No idea. I have never read a peer-reviewed li article. Perhaps on par with a law article.
no rush, by the way …
Understood. Just wanted to let you I am not trying to be lazy about it.
of course, and yes, I know that feeling — if only we had more time to do the things we really wanted to do! ⏳
Absolutely, time is the one of the most precious resources that we forever forfeit. I always wish I had more, at least for blogging, research, working out, hiking, and home brewing.
PS: check your email, as I just sent over a paper that was funded by PERC and published in Science that might be of interest to you. If you have Dylan’s email (the Dylan who follows our respective blogs), kindly forward it to him as well. Perhaps we could all collaborate on a PERC project in the future?
I will take a look. I will forward over to Dylan.
Excellent. I have to drive down to Tampa to my in-laws so I will get back in touch later tonight …
Have a safe trip. Orlando to Tampa? That must be one hell of a drive.
Via the I-4, one of the most dangerous roads in North America
I did not know that. I am glad you made it over safe.
I forwarded it over to Dylan
Awesome!
So overall the news isn’t all bad. It looks like on average the Justices spend most of their time on the bench as cognitively lucid.
I am disappointed to find out Holmes was cognitively lucid when ruled on Buck V. Bell.