Article: A response to Professor Knight: are empiricists asking the right questions about judicial decisionmaking? (article by Jack Knight in this issue, p. 1531) (Conference on Measuring Judges and Justice)

Although I was honored by the invitation to comment on Jack Knight's article, I was also a little puzzled. I do not do the sort of work to which this Symposium is devoted, nor do I even read very much of it. When I do dip into empirical studies of the courts, I often find them rather difficult or even alien, both in style and in focus. I also find them frustrating: the empiricists frequently appear to be battling a formalist straw man who believes that law can be done by following rules that do not allow for discretion in their interpretation or application. I do not know anyone who thinks that. Perhaps, I speculated, my role is meant to be like that of a Martian, invited ...

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