Essay

Deliberation and Insight: Bloch v Frischholz and the “Chicago School” of Judicial Behavior

Martha C. Nussbaum

Ernst Freund Distinguished Service Professor of Law and Ethics, Law School, Philosophy Department, and Divinity School, The University of Chicago

I am grateful to Jajah Wu for research assistance and to Douglas Baird, Rosalind Dixon, Saul Levmore, Victor Quintanilla, and Adam Samaha for comments on an earlier draft.

How often do appellate judges change their minds, and their votes? Once a case has been decided by a panel, the record is what it is, and it would not be surprising if meticulous and intellectually confident judges were rarely swayed in an en banc rehearing. But the question in general needs further study.

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