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The Authority of the Court and the Peril of Politics
  • Language: en
  • Pages: 113

The Authority of the Court and the Peril of Politics

  • Categories: Law

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindfu...

The Court and the World
  • Language: en
  • Pages: 402

The Court and the World

  • Categories: Law
  • Type: Book
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  • Published: 2015-09-15
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  • Publisher: Vintage

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a mome...

Breaking the Vicious Circle
  • Language: en
  • Pages: 144

Breaking the Vicious Circle

Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources.

Regulation and Its Reform
  • Language: en
  • Pages: 490

Regulation and Its Reform

  • Categories: Law

On its Surface, this book is aimed at the topical issue of regulatory reform. But underneath it strives to go beyond the topical, seeking to analyze regulation as a distinct discipline and to help teach it as a separate subject.

Active Liberty
  • Language: en
  • Pages: 176

Active Liberty

  • Type: Book
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  • Published: 2007-12-18
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  • Publisher: Vintage

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Making Our Democracy Work
  • Language: en
  • Pages: 290

Making Our Democracy Work

  • Type: Book
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  • Published: 2011-09-13
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  • Publisher: Vintage

Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.

America's Supreme Court
  • Language: en
  • Pages: 283

America's Supreme Court

  • Categories: Law

"Published in the US under the title Making our democracy work"--T.p. verso.

Breaking the Promise of Brown
  • Language: en
  • Pages: 139

Breaking the Promise of Brown

" “A decision the Court and the Nation will come to regret.” Ten years ago, the United States Supreme Court struck down two local school board initiatives meant to reverse extreme racial segregation in public schools. The sharply divided 5-4 decision in Parents Involved in Community Schools v. Seattle School District marked the end of an era of efforts by local authorities to fulfill the promise of racially integrated education envisioned by the Supreme Court in 1954 in Brown v. Board of Education. In a searing landmark dissent, Justice Stephen Breyer warned this was “a decision the Court and the Nation will come to regret.” A decade later, the unabated resegregation of America's sch...

Reference Manual on Scientific Evidence
  • Language: en
  • Pages: 652

Reference Manual on Scientific Evidence

  • Type: Book
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  • Published: 1994
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  • Publisher: Unknown

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Judges in Contemporary Democracy
  • Language: en
  • Pages: 540

Judges in Contemporary Democracy

  • Categories: Law
  • Type: Book
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  • Published: 2004-06-01
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  • Publisher: NYU Press

Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times. In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in modern society. They included Robert Badinter, former president of the Constitutional Council in France; Stephen Breyer, Justice of the Supreme Court of the United States; Antonio Cassese, the first president of the Intern...