Introduction 1
PART ONE THE BASIC MODEL 19
1 Nine Theories of Judicial Behavior 19
2 The Judge as Labor-Market Participant 57
3 The Judge as Occasional Legislator 78
4 The Mind of the Legislating Judge 93
PART TWO THE MODEL ELABORATED 125
5 The Judicial Environment: External Constraints on Judging 125
6 Altering the Environment: Tenure and Salary Issues 158
7 Judicial Method: Internal Constraints on Judging 174
8 Judges Are Not Law Professors 204
9 Is Pragmatic Adjudication Inescapable? 230
PART THREE JUSTICES 269
10 The Supreme Court Is a Political Court 269
11 Comprehensive Constitutional Theories 324
12 Judicial Cosmopolitanism 347
Conclusion 369
Acknowledgments 379
Index 381