Is the judge an umpire? Or maybe the commissioner.

We've previously had discussions on whether a judge is like a baseball umpire.  (I acknowledge that my views are in the minority.)  Over at the Yale Law Journal Online, Aaron Zelinsky gives us a history of the metaphor (which I great enjoyed reading) and then suggests that a SCOTUS justice is really like the Commissioner of Major League Baseball (an analogy I don't like).  So if this topic appeals to you, "play ball!" in the comments.

Comments

[L. Trotsky]

My take is that a judge is like a veteran baseball ump who has to call a cricket match. Some basic idea of the general gist of the game and the standards of behavior, but as for the rest, equitable improvisation.

[John Steele]

One of the reasons that criticisms of the metaphor ring hollow for me is that most of the criticisms show close to 0% understanding of what refs and umpires do. You comment reflects my understanding of how umps and refs actually work.