The Court and the World

September 14, 2015
Supreme Court Justice Breyer undertakes a high-level analysis of the legal framework that he and others on the Court employ to analyze complex issues that they face. He covers three major areas: the balance between security and civil rights, international commerce (including antitrust and patent law), and treaty interpretations. In addressing each topic, he begins with the history of the Court's jurisprudence and follows with a detailed and closely sourced analysis of relevant recent Supreme Court opinions. Breyer, who is part of the Court's liberal bloc, targets a narrow group of academics, lawyers with specialized practices touching international law, government policy makers, and highly sophisticated lay readers. Of most interest to the latter group is the discussion of the Court's approach to measures that create tension between the civil rights and security. Breyer makes clear that the current Court has not issued a "blank check" to either the president or Congress in regards to infringing upon civil liberties. Also of tangential interest is Breyer's acknowledgement that the Supreme Court has historically been influenced by reactions to previous decisions and the cultural currents of the present. This is a thoughtful and articulate guide for law practitioners and others with a stake in these complex issues.

September 1, 2015

U.S. Supreme Court Justice Breyer (Making Our Democracy Work; Active Liberty) has written a cogent yet remarkably accessible study of the global legal challenges facing the court. In essence, he argues court justices must increasingly learn about, and take into account, foreign legal systems and international law treaties and conventions because of inevitable global interconnections and complexities in law. This superb book consists of four parts: "The Past Is Prologue: The Constitution, National Security and Individual Rights"; "At Home Abroad: The Foreign Reach of American Statutory Law"; "Beyond Our Shores: International Agreements"; and "The Judge as Diplomat." Individual chapters focus on legal controversies such as detention of "enemy combatants" in Guantanamo, the need for treaty interpretation in certain child custody cases, and issues of statutory interpretation with human rights implications. Breyer convincingly argues that, in order to advance the rule of law and render sound decisions in our increasingly interdependent world, justices must engage in ongoing dialog with jurists and attorneys from other nations. VERDICT Excellent for lay and professional readers who enjoy books such as Jeffrey Toobin's The Nine.--Lynne Maxwell, West Virginia Univ. Coll. of Law Lib., Morgantown

Copyright 2015 Library Journal, LLC Used with permission.

September 1, 2015
In the Internet Age, Justice Breyer looks at the growing impact of globalization on the Supreme Court, which makes decisions that would not have been dreamed of 20 years ago when he started his career. The court is now considering issues of commerce, trade, the environment, security, and communication that no longer involve just U.S. corporations and citizens. Breyer explores four areas: constitutional issues, such as how to protect basic liberties in the face of security threats; statutory issues, such as how to apply American commerce laws to cases involving foreigners; treaty issues, such as competing international dispute-resolution systems; and direct interactions between the courts of different nations. Breyer looks at issues from the mundane (e.g., obtaining records needed to make a sound judgement) to the lofty (e.g., whether the higher level of global awareness and participation by the court will cause more nations to accept the rule of law). In this highly accessible book, he offers historical background and numerous examples of how the court has had to grapple with international issues and the gradual changes that promise the need for even greater global perspective.(Reprinted with permission of Booklist, copyright 2015, American Library Association.)