Yale Journal on Regulation
This Essay elaborates on Judge Cudahy's distinction as a judge and discusses our relationship and the broader issue of the management of disagreement, particularly ideological disagreement, in an appellate court. The Essay departs from the usual form of tribute essays by organizing its discussion around statistics and focusing on more general issues of judicial performance. These statistics reveal that Judge Cudahy has been an unusually prolific judge, penning separate opinions at a higher rate than his colleagues both nationwide and on the Seventh Circuit. The numbers also reveal that Judge Cudahy 's dissent rate has declined markedly over time. After considering several possible explanations for this trend, including his increased presence as a visiting judge on other circuit courts, the Essay concludes that the best explanation for Judge Cudahy's declining dissent rate is the evolution of his personal ideology and his increasing ability to see eye-to-eye with his more conservative colleagues.
Richard A. Posner, "A Heartfelt, Albeit Largely Statistical, Salute to Judge Richard D. Cudahy," 29 Yale Journal on Regulation 355 (2012).