
Contents
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6.1 Opinion Writing, Law Clerks, and Party Briefs 6.1 Opinion Writing, Law Clerks, and Party Briefs
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6.2 Law Clerks: Data and Measures 6.2 Law Clerks: Data and Measures
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6.3 Law Clerks: Methods and Results 6.3 Law Clerks: Methods and Results
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6.4 Briefs: Data and Measures 6.4 Briefs: Data and Measures
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6.5 Briefs: Methods and Results 6.5 Briefs: Methods and Results
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6.6 Conclusion 6.6 Conclusion
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6.7 Appendix 6.7 Appendix
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6.7.1 Function Words 6.7.1 Function Words
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6.7.2 Function Word Variability Formula 6.7.2 Function Word Variability Formula
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6.7.3 Statistical Significance and Variability 6.7.3 Statistical Significance and Variability
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6.7.4 Senior Status and Variability 6.7.4 Senior Status and Variability
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6.7.5 Age Window Length Selection 6.7.5 Age Window Length Selection
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6.7.6 Alternative Presentation of Decade Window Results 6.7.6 Alternative Presentation of Decade Window Results
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6.7.7 CopyFind Parameter Values 6.7.7 CopyFind Parameter Values
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6.7.8 Who Dunnit? Clerks as Opinion Drafters and Plagiarizers 6.7.8 Who Dunnit? Clerks as Opinion Drafters and Plagiarizers
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6 Cognitive Aging, Law Clerks, and Party Briefs
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Published:October 2024
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Abstract
Chapter 6 analyzes whether judges are more likely to rely on law clerks and party briefs as they age. Judges often rely on law clerks and party briefs when writing their opinions. But aging judges may rely on them more than younger judges to compensate for their cognitive decline. The chapter analyzes over 370,000 opinions that were authored by approximately 2430 unique judges. First, it shows how the linguistic variability of judges’ opinions increase significantly as they age, thereby suggesting that older judges rely more on their law clerks. Second, the empirical analysis shows how older judges’ opinions exhibit greater textual similarity with, and verbatim copying of, party briefs submitted in a case.
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