Judges and Their Audiences: A Perspective on Judicial Behavior

By Lawrence Baum | Go to book overview

Chapter 1
THINKING ABOUT JUDICIAL BEHAVIOR

In 1989, Cincinnati Reds manager Pete Rose faced an investigation of his
alleged gambling activities by major league baseball. Rose's attorneys filed
suit to block the investigation, and they steered the case to a Cincinnati judge
who faced re-election in 1990. That judge, Norbert Nadel, allowed his an-
nouncement of a decision to be televised. When he “started the hearing with
a microphone check,” according to one writer, “you knew Pete Rose had the
home-court advantage” (Cleveland Plain Dealer 1989). Indeed, the ruling
gave Rose what he wanted. (Cincinnati Enquirer 1989)

As George W. Bush ran for president in 2000, commentators speculated
about possible candidates for Bush appointments to the Supreme Court.
J. Harvie Wilkinson and J. Michael Luttig, two subjects of the speculation,
sat on the federal court of appeals for the Fourth Circuit in Virginia. In two
cases decided in June 2000, Luttig wrote opinions attacking relatively liberal
positions that Wilkinson was taking. In an environmental case Luttig linked
Wilkinson's position with that of two liberal Supreme Court justices. In a
freedom of speech case Luttig used Wilkinson's name more than fifty times,
with four of the mentions coming in a paragraph that described sexually
explicit material related to the case. (Urofsky v. Gilmore 2000; Gibbs v. Bab-
bitt
2000)

On the day in 1992 that the Supreme Court announced its decision in
Planned Parenthood v. Casey, Justice Anthony Kennedy talked with a legal
reporter in his chambers before the announcement. Looking through his win-
dow at the crowd of demonstrators on both sides of the abortion issue, Ken-
nedy referred to the impending decision in which he coauthored the decisive
opinion. “Sometimes you don't know if you're Caesar about to cross the
Rubicon or Captain Queeg cutting your own tow line.” Shortly before taking
the bench, Kennedy asked to be alone. “I need to brood,” he explained. “I
generally brood, as all of us do on the bench, just before we go on. It's a
moment of quiet around here to search your soul and your conscience.”
(T. Carter 1992 39–40, 103)

A few weeks earlier, Justice Harry Blackmun spoke for an hour at a luncheon
meeting of the Legal Aid Society in San Francisco. During his talk Blackmun
read some of the fan mail he received from the public. He also expressed his
disappointment about the Supreme Court's growing conservatism on civil

-1-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Judges and Their Audiences: A Perspective on Judicial Behavior
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 231

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.