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October 26, 2009


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Well, before *that* they certainly used the judge and baseball umpire analogy, which appeared in several editorial cartoons at the time of FDR's Court-packing plan -- as did the even better (from a normative sports hierarchy perspective) analogy of football referee.

Matthew Reid Krell

What are you planning to do with this essay?


Ah, Keith--I should say before the *most recent* judge as umpire analogy!

Matthew Reid Krell

Keith, are you arguing that a football referee is a better analogy for the role of judging, or that football is normatively better than baseball?

I don't know that I argue with either assertion. I just want to make sure I understand you.

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