Copyright (c) 1995 Washington College of Law, The American University
Adminstrative Law Journal
SYMPOSIUM: JUSTICE STEPHEN BREYER'S CONTRIBUTION TO ADMINISTRATIVE LAW: INTRODUCTION
8 Admin. L.J. Am. U. 713
Thomas O. Sargentich *
It is not a common experience for administrative law as a field to have one of its prominent members elevated to the Supreme Court of the United States. 1 This happened with Felix Frankfurter's elevation in 1939 and with Antonin Scalia's appointment in 1986. It happened most recently in 1994, when then-U.S. Court of Appeals Judge Stephen Breyer joined Justice Scalia on the Supreme Court. That recent event provides the occasion for this symposium honoring Justice Breyer. The symposium explores key aspects of his contribution to administrative law prior to his joining the Supreme Court.
The richness of the symposium essays is a direct reflection of the breadth of Stephen Breyer's involvement in administrative law. As a law professor, casebook editor, 2 prolific author, counsel to the Senate Judiciary Committee, court of appeals judge, and member of the Administrative Conference of the United States, Justice Breyer has made a major mark on administrative doctrine, theory, and reform. The symposium focuses on three particular areas of Justice Breyer's involvement: his contribution to debates about regulatory policymaking, controversies about judicial review of agency decisionmaking, and concrete efforts to
improve the processes of government. I will highlight themes explored in the symposium in these three contexts.
1. Debates about Regulatory Policymaking
Stephen Breyer has been an active participant in ongoing debates about the reform of regulatory policymaking. His special contribution has been to emphasize various types of "mismatch" between regulatory strategies, on the one hand, and regulatory ...
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