As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic foundations. In an influential book, Breyer ...

What are the President's war-making powers? This essay, a brief reply to an article by Curtis Bradley and Jack Goldsmith, contends that the answer lies in administrative law, at least in the first instance. The President's ...

In constitutional law, first-order perfectionism represents an effort to cast the Constitution's ideals in the best constructive light. Ronald Dworkin's conception of law as "integrity" can be seen as a form of first-order ...

Over the last thirty years, climate change and depletion of the ozone layer have been widely believed to be the world's largest environmental problems. The two problems have many similarities. Both involve global risks ...

To understand these figures, we observed that the Clinton administration sometimes made conservative decisions, challenged in the Supreme Court by public interest groups, and both Bush administrations sometimes made liberal ...

Climate change is already having adverse effects on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis ...

The Supreme Court has said that there is a constitutional "right to marry"; but what can this possibly mean? People do not have a right to marry their dog, their aunt, June 29, a rose petal, their neighbors, or a sunny ...

Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, ...