Journal of Comparative Law
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.
Russell Miller, To Compare or Not to Compare? Reading Justice Breyer, 11 J. Comp. L. 169 (2016).