Roberto Tallarita (Harvard Law School) has posted Calling Balls and Strikes on SSRN. Here is the abstract:
Chief Justice Roberts’s metaphor of judges as umpires has been often criticized for being a bad theory of legal adjudication. Unlike umpires, Roberts’s critics argue, judges are not mechanical reporters of pre-existing normative truths. In this Essay, I argue that Roberts’s metaphor is a bad theory of baseball. Calling balls and strikes is a much more complicated affair than Roberts suggested. Despite its apparent, bright-line simplicity, calling balls and strikes is an interpretive practice.
Very interesting and recommended!