Who’s Afraid of International and Foreign Law?

In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016). Justice Stephen Breyer’s new book, The Court and the World: American Law and the New Global Realities, is a timely contribution to the literature on the effects of globalization on the U.S. judicial system. In his book, […]

The Supreme Court as a Filter Between International Law and American Constitutionalism

In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016). This Essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it […]

Justice Breyer’s Remarks at the 2015 Jorde Symposium September 24, 2015

Presented at the Brennan Center Jorde Symposium on September 24, 2015 (University of California, Berkeley). This book—what’s it about? Why did I write it? When I hear the words “interdependent,” “globalization,” “a shrinking world,” I think they range between clichés on the one hand and buzzwords on the other—but they aren’t quite concrete. I thought […]

2015 Jorde Symposium Capsule Summary

In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016). On September 24, 2015, Justice Stephen Breyer delivered the annual Jorde Symposium lecture at the First Congregational Church in Berkeley, California. In his lecture, “The Court and the World: The Supreme Court’s New Transnational Role,” Justice Breyer […]

Presentation of AALS Section on Women in Legal Education Ruth Bader Ginsburg Lifetime Achievement Award

The California Law Review is delighted to honor Herma Hill Kay, path-breaking scholar, teacher, and leader, and recipient of the Association of American Law Schools’ Section on Women in Legal Education Lifetime Achievement Award. Professor Kay’s commitment to Berkeley, the legal academy, and the cause of women’s social progress continues to this day. This festschrift […]

Deep Critique and Democratic Lawyering in Clinical Practice

The crisis in legal education has been defined and accentuated by urgent and existential critiques. This body of complaint and suggestion—in the form of books, foundation reports, law review articles, major media entries, and blog posts—has two gaping holes that this Essay seeks to fill. First, the critiques fail to attend to the diminishing of […]

The Difficulties of Democratic Mercy

In response to Dean Martha Minow’s 2014 Brennan Center Jorde Symposium Lecture, Forgiveness, Law, and Justice, 103 Calif. L. Rev. 1615 (2015), available here. Dean Martha Minow’s wide-ranging and learned Jorde lecture Forgiveness, Law, and Justice is characteristic in its unstinting ambition. The lecture does not merely sweep in complex normative and empirical questions concerning […]