Faculty Bibliography
-
Type:
Categories:
Sub-Categories:
Links:
Colloquium: Akhil Reed Amar's America's Constitution and Jed Rubenfeld's Revolution by Judiciary
-
Type:
Categories:
Sub-Categories:
-
Type:
Categories:
Sub-Categories:
Links:
2005 National Conference on Appellate Justice.
-
Stephen Breyer, A Decision That Changed America Also Changed the Court, N.Y. Times, (May. 17, 2004).
Type:
Categories:
Sub-Categories:
Comments on the state of education 50 years after the United States Supreme Court decided Brown v. Board of Education of Topeka case. Segregation of children in public school based on race; Constitution's promise of equal protection; Goal of quality education for all children; Need to accept the rule of law as part of heritage.
-
Stephen Breyer, From the Society, 87 Ga. Hist. Q. 408 (2003).
Type:
Categories:
Sub-Categories:
Examines Cherokee Nation v. Georgia and Worcester v. Georgia lawsuits brought by the Cherokee Indian tribe in the U.S. Supreme Court to enforce their legal right to stay in their home in Georgia. Historical background on Cherokee Indians; Treaties related to the land of the Indians; Legal basis of the claim of Indians against the state of Georgia; Rulings of the court on the cases.
-
Type:
Categories:
Sub-Categories:
Links:
Proceedings of the Ninety-Seventh Annual Meeting of the American Society of International Law.
-
Type:
Categories:
Sub-Categories:
Links:
In 1838, the United States and the State of Georgia forced the Cherokee Indian tribe to leave its home in Georgia and move to the West. The tribe did not want to move. It believed it had a legal right to stay, and in the early 1830s it brough two actions at law designed to enforce that legal right in the Supreme Courrt of the United States. The story of those lawsuits is a story of courts caught in a collision between law and morality on the one hand and desire and force on the other. It forces us to examine the relation between law and politics, particularly with respect to the Court's ability to enforce its judgement during the early years of the Republic.
-
Type:
Categories:
Sub-Categories:
Presents excerpts from the decision of the U.S. Supreme Court on the case Zelman versus Simmons-Harris, in which it upheld a school voucher program in Cleveland, Ohio.
-
Type:
Categories:
Sub-Categories:
Links:
In this James Madison Lecture, Justice Breyer presents an approach to constitutional interpretation that places considerable weight upon the consequences of judicial decisionmaking. Eschewing an approach that relies solely on language, history, tradition, and precedent, Justice Breyer uses five contemporary examples to demonstrate how his concept of “consequential” constitutional interpretation might work in practice. Justice Breyer argues that this approach is more faithful to the principles that animated our Founding Fathers, encourages greater public participation in our democratic government, and would create a constitutional system that better promotes governmental solutions consistent with community needs and individual dignity.
-
Type:
Categories:
Sub-Categories:
Links:
En Homenaje Al Decano Antonio Garcia Padilla.
-
Type:
Categories:
Sub-Categories:
Focuses on the involvement of the United States Supreme Court in medical genetics. Lack of background on natural sciences; Impact on the patent law; Difficulty of deciding related issues.
-
Type:
Categories:
Sub-Categories:
Focuses on the struggle of Cherokee Indians against the state of Georgia in its efforts to forced the tribe to leave the state. Refusal of the tribe to leave their territory because of the belief that they had legal right to stay; Move of the tribe to brought two actions at law in the Supreme Court designed to enforced that legal right.
-
Type:
Categories:
Sub-Categories:
In this age of science, science should expect to find a warm welcome, perhaps a permanent home, in courtrooms. The legal disputes before the courts increasingly involve the principles and tools of science, and proper resolution of those disputes matters not just to the litigants, but also to the general public.
-
Type:
Categories:
Sub-Categories:
Links:
In this lecture Justice Breyer examines three classical criticisms of constitutional judicial review. Those criticisms say that a grant to unelected judges of the power to set aside legislation as contrary to a written constitution leads to judicial decision-making that is (a) undemocratic, (b) subjective, and impractical. Justice Breyer describes features of the constitutional decision-making that do not dictate results in individual cases, but none the less hold the judges' 'subjective' will in check. He also describes necessary judicial efforts to focus upon considerations of administrative practicality. The description seeks, not to refute the criticisms in their entirety, but to help evaluate the extent to which those criticisms militate against the adoption of a system of constitutional judicial review.
-
Type:
Categories:
Sub-Categories:
Links:
The abundance of cases involving highly technical matters requres the courts and the scientific community to build on the relationships they have already begun.
-
Type:
Categories:
Sub-Categories:
Links:
Keynote address delivered by Justice Breyer in a ceremony held at the Capital Rotunda, Washington, D.C., to mark Yom Hashoah, the Day of Rememberance, on April 16, 1996.
-
Type:
Categories:
Sub-Categories:
Links:
Supreme Court Justice Stephen Breyer explores three generic difficulties plaguing efforts to reduce health risks and sets out a proposal for a new administrative entity to develop a coherent regulatory system adaptable for use in different risk-related programs -- a mission-oriented, independent agency commanding significant prestige and authority.
-
Stephen Breyer, The Federal Sentencing Guidelines: A Dialogue, 26 Crim. L. Bull. 5 (1990).
Type:
Categories:
Sub-Categories: