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Judges and Judiciary

Oct. 1, 2015

Breyer bound by court opinions

Justice Stephen Breyer's new book, "The Court and the World" is simultaneously enlightening and frustrating.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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Justice Stephen Breyer's new book, "The Court and the World" (Knopf 2015), is simultaneously enlightening and frustrating. The book is insightful in reviewing the many ways in which foreign law arises in the cases on the Supreme Court's docket. But the book is limited in that Breyer is careful to restrict himself to describing what is found in the court's published opinions. In fact, in the introduction he says that in discussing Supreme Court dec...

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