New article on Justice Breyer
Yale law professor Paul Gewirtz has provided “a preliminary sketch of [Justice Stephen] Breyer’s distinctive place in American law today” in an article in The Yale Law Journal, “The Pragmatic Passion of Stephen Breyer.”
The full PDF version is available at this link.
This is just one of three reviews of the Justice’s new book, Active Liberty. Judge Posner has a particularly spicy challenge to the book, which is a more interesting read than Gewirtz’ article. Here’s the link:
http://www.yalelawjournal.org/pdf/115-7/Posner.pdf
Comment by Peter CB — May 28, 2006 @ 9:19 am
This is the same chap who wrote the op/ed for the NY Times that argued that judicial review constitutes judicial activism: the conservative bloc on the Rehnquist Court, by being more willing to overturn legislation are more activist. Piffle. Thus, reading this article is like trying to read anything Sunstein has written since Radicals in Robes: the source is tainted.
Comment by Simon — May 29, 2006 @ 11:55 am