Chase, Oscar G.

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University of Arkansas at Little Rock: UALR Bowen Law Repository

The Journal of Appellate Practice and Process Volume 8 Issue 1 The 2005 National Conference on Appellate Justice Article 8 2006 Introduction to Justice Breyer's Remarks Oscar G. Chase Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess  Part of the Judges Commons Recommended Citation Oscar G. Chase, Introduction to Justice Breyer's Remarks, 8 J. APP. PRAC. & PROCESS 89 (2006). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol8/iss1/8 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact mmserfass@ualr.edu. THE JOURNAL OFAPPELLATE PRACTICEAND PROCESSREMARKSINTRODUCTION TO JUSTICE BREYER'S REMARKS2005 NATIONAL CONFERENCEON APPELLATE JUSTICEOscar G. Chase*Good morning and welcome again to the 2005 Conferenceon Appellate Justice. To say that a speaker needs no introductionis not to say that none should be given, for it remainsworthwhile to note the special link between the speaker and theoccasion. For over a decade, Justice Breyer has graced theSupreme Court with his thoughtful and elegant opinions. At thesame time, he continues to produce scholarly writing at ascarcely lesser rate than when he was on the Harvard faculty.His most recent book, Active Liberty,1 is a powerful argumentfor his vision of Constitutional interpretation.To this Conference, Justice Breyer brings in addition theperspective of his years of service on the First Circuit Court ofAppeals, including four years as Chief Judge of that court. Ourspeaker has been, as it were, in the trenches. Nor should it be* Russell D. Niles Professor of Law and Co-Director, Institute of Judicial Administration,New York University School of Law.1. Stephen G. Breyer, Active Liberty: Interpreting Our Democratic Constitution(Knopf 2005).THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Vol. 8, No. 1 (Spring 2006)THE JOURNAL OF APPELLATE PRACTICE AND PROCESSforgotten that Justice Breyer's principal academic interest wasthe administrative process.In a recent article, Justice Breyer brought theseperspectives together when he wrote that the Supreme Courtmust take into account "the practical administrative concerns inconstitutional decision-making.",2 The Court's cases, he added,must provide administrative guidance to the lower courts abouthow to handle a variety of different situations in an effective andefficient manner.3 So Justice Breyer has thought about andexperienced the problems that confront us and that are the focusof this Conference, and I'm absolutely delighted to presentJustice Stephen Breyer to you.2. Stephen Breyer, Judicial Review: A Practicing Judge's Perspective, 78 Tex. L.Rev. 761, 771 (2000).3. Id. at 772 ("The Court is ... a small body able to decide only a handful of cases.The legal system is large; those who depend upon it are many; the factual circumstancesare various; and the need for speedy decision is great. Were we to use a single notion-say,rational basis-we should have to illustrate its use by applying it in many differentcircumstances, a common law method. And we should thereby lose the rule-relatedadministrative guidance that even a crude three-tier system can offer.").

Introduction to Justice Breyer\u27s Remarks

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Introduction to Justice Breyer\u27s Remarks

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