The Precipitous Decline in Reasoning and Other Key Abilities with Age and Its Implications for Federal Judges

U. S. Supreme Court justices and other federal judges are, effectively, appointed for life, with no built-in check on their cognitive functioning as they approach old age. There is about a century of research on aging and intelligence that shows the vulnerability of processing speed, fluid reasoning, visual-spatial processing, and working memory to normal aging for men and women at all levels of education; even the maintained ability of crystallized knowledge declines in old age. The vulnerable abilities impact a person’s decision-making and problem solving; crystallized knowledge, by contrast, measures a person’s general knowledge. The aging-IQ data provide a rationale for assessing the key cognitive abilities of anyone who is appointed to the federal judiciary. Theories of multiple cognitive abilities and processes, most notably the Cattell-Horn-Carroll (CHC) model, provide a well-researched blueprint for interpreting the plethora of findings from studies of IQ and aging. Sophisticated technical advances in test construction, especially in item-response theory and computerized-adaptive testing, allow for the development of reliable and valid theory-based tests of cognitive functioning. Such assessments promise to be a potentially useful tool for evaluating federal judges to assess the impact of aging on their ability to perform at a level their positions deserve, perhaps to measure their competency to serve the public intelligently. It is proposed that public funding be made available to appoint a panel of experts to develop and validate an array of computerized cognitive tests to identify those justices who are at risk of cognitive impairment.

Efficient and precise Ultra-QuickDASH scale measuring lymphedema impact developed using computerized adaptive testing

Purpose This study aimed to evaluate and improve the accuracy and efficiency of the QuickDASH for use in assessment of limb function in patients with upper extremity lymphedema using modern psychometric techniques. Method We conducted confirmative factor analysis (CFA) and Mokken analysis to examine the assumption of unidimensionality for IRT model on data from 285 patients who completed the QuickDASH, and then fit the data to Samejima’s graded response model (GRM) and assessed the assumption of local independence of items and calibrated the item responses for CAT simulation. Results Initial CFA and Mokken analyses demonstrated good scalability of items and unidimensionality. However, the local independence of items assumption was violated between items 9 (severity of pain) and 11 (sleeping difficulty due to pain) (Yen’s Q3 = 0.46) and disordered thresholds were evident for item 5 (cutting food). After addressing these breaches of assumptions, the re-analyzed GRM with the remaining 10 items achieved an improved fit. Simulation of CAT administration demonstrated a high correlation between scores on the CAT and the QuickDash (r = 0.98). Items 2 (doing heavy chores) and 8 (limiting work or daily activities) were the most frequently used. The correlation among factor scores derived from the QuickDASH version with 11 items and the Ultra-QuickDASH version with items 2 and 8 was as high as 0.91. Conclusion By administering just these two best performing QuickDash items we can obtain estimates that are very similar to those obtained from the full-length QuickDash without the need for CAT technology.