January 31, 2023


Creating Possibilities

Justice Stephen Breyer returns to Harvard Law College

Justice Stephen Breyer ’64 has been named the Byrne Professor of Administrative Legislation and Approach at Harvard Regulation University, powerful promptly. He joins a team of college who have turn into HLS college customers soon after illustrious lawful professions in the occupation and deliver deep expertise and excellence to the shared work of this community.

The appointment also marks a homecoming for Justice Breyer, who both of those attended and taught at Harvard Law University. The Byrne chair, which he will now hold along with Professor Todd Rakoff ’75, was beforehand held by Justice Felix Frankfurter LL.B. 1906 from 1924 until his appointment to the Supreme Court docket in 1939.

“Justice Breyer is a historic jurist and a world-class legal scholar who also has a distinguished history as a member of this school,” explained John F. Manning ’85, the Morgan and Helen Chu Dean and Professor of Legislation. “I am thrilled to welcome him property to Harvard Legislation Faculty. His brilliance, knowledge, collegiality, openness, and mental inquisitiveness will deeply enrich our community and progress our mission of educating, scholarship, and support.”

Justice Breyer will instruct seminars and looking at teams, keep on to produce books and develop scholarship, and take part in the mental lifetime of the university and in the broader Harvard community.

Justice Breyer explained: “I am extremely happy to return to Harvard to train there and to write. Amongst other issues, I will probably try out to clarify why I believe that it essential that the upcoming generations of those linked with the regulation engage in function, and get strategies to legislation, that enable the excellent American constitutional experiment function effectively for the American persons.”

College users from throughout Harvard Legislation College expressed deep enthusiasm about his becoming a member of the school.

“From his revolutionary function on deregulation to his ongoing writings about judicial process, Justice Breyer has been a single of the most influential contributors to American law and policy for a long time,” reported Martha Minow, the 300th Anniversary College Professor and former dean of Harvard Legislation Faculty. “As an interlocutor, Justice Breyer is completely partaking, candid, and unpretentious regardless of whether with colleagues or learners,” Minow additional. “He loves strategies and he loves debating them, which — with his skills and encounters — tends to make him an specially wonderful candidate to provide as our colleague.”

Cass Sunstein ’78, the Robert Walmsley University Professor, praised Justice Breyer’s pathbreaking scholarship in administrative law. “Justice Breyer is in the highest ranks of the leading figures in administrative law,” Sunstein said. “More than anyone, Breyer has injected regulatory policy into administrative regulation, and shown that the two need to be examined in tandem.” Sunstein added that Breyer “is also a wonderful colleague. He is a generous critic, total of constructive solutions he combines natural academic instincts with functional encounter, which qualified prospects to some exclusive, and uniquely worthwhile, perspectives on other people’s initiatives.”

Andrew Crespo ’08, who clerked for Justice Breyer and is the Morris Wasserstein Community Desire Professor of Law, famous: “Clerking for him felt substantially like a year-very long seminar — far more an intimate academic discussion than a work. Owning him share a version of that practical experience with some of our college students will enrich them immeasurably. And, for all of us on the college, it will be fantastic to welcome him residence.”

Breyer acquired his A.B. magna cum laude in philosophy from Stanford University. As a Marshall Scholar, he gained a B.A. from Magdalen College or university at Oxford University with initially class honors. Breyer then graduated magna cum laude from Harvard Legislation University and was an content articles editor on the Harvard Legislation Assessment. Next his graduation in 1964, he served as a regulation clerk to U.S. Supreme Courtroom Justice Arthur Goldberg.

Breyer served on the Harvard Law University college from 1967 to 1980 and held a joint appointment at the Kennedy Faculty of Govt from 1977 to 1980. Breyer also held many community provider positions, serving as particular assistant to the assistant U.S. attorney general for antitrust (1965–1967), assistant specific prosecutor of the Watergate Exclusive Prosecution Pressure (1973), particular counsel to the U.S. Senate Judiciary Committee (1974–1975), and chief counsel of that committee (1979–1980).

In 1980, President Carter appointed Breyer to the U.S. Court docket of Appeals for the Very first Circuit, on which he served from 1980 to 1994. He was chief decide from 1990 to 1994. During his time on the Very first Circuit, Breyer also served as a member of the U.S. Sentencing Commission from 1985 to 1989. In 1994, President Clinton nominated Decide Breyer as an affiliate justice of the Supreme Court docket, and he took his seat August 3, 1994.

Justice Breyer has penned extensively on wide-ranging topics which includes administrative and regulatory policy, comparative constitutional legislation, and statutory and constitutional interpretation. His guides include: “The Authority of the Court and the Peril of Politics” (2021) “The Court and the Planet: American Legislation and the New World Realities” (2015) “Making Our Democracy Perform: A Judge’s View” (2010) “Active Liberty: Decoding Our Democratic Constitution” (2005) “Breaking the Vicious Circle: Towards Helpful Possibility Regulation” (1994) “Regulation and Its Reform” (1984) and “Energy Regulation by the Federal Electrical power Commission” (1974) (with Paul W. MacAvoy). He also has dozens of law critique publications across a broad variety of subject make any difference parts.

Breyer was born in 1938 in San Francisco, the son of Anne and Irving Breyer. His mother’s work targeted on public service and his father was legal counsel for the San Francisco Board of Schooling for 40 many years. Breyer was an Eagle Scout. He served in the U.S. Military Reserve for 8 several years, which include 6 months on active obligation in the course of university.