Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, which is a compelling manifesto supporting comparative law and, at the same time, a frustrating example of the problems plaguing our project.
To Compare or Not to Compare? Reading Justice BreyerJournal of Comparative Law
Citation InformationRussell Miller, To Compare or Not to Compare? Reading Justice Breyer, 11 J. Comp. L. 169 (2016).