http://www.nytimes.com/2015/09/20/books/review/stephen-breyers-the-court-and-the-world.html?ref=books&_r=0;
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Breyer begins with the area of national security law and individual liberties. In a series of decisions over the past decade and a half, the Supreme Court has pushed back against the absolute power of the executive branch and Congress over detainees. The court has refused, as Justice Sandra Day O’Connor put it in 2004, to give the political branches a “blank check.” Breyer observes that involvement in international affairs — a role for the court he sees as relatively new — will require that judges know something about international security problems. Moreover, he adds, why not learn from the efforts of others as we try to solve the same basic problems? After all, reconciling security and civil liberties is a problem that nearly every democratic society confronts.
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Cases arising out of international commerce illustrate similar coordination questions. When a publisher sued a citizen of Thailand named Supap Kirtsaeng for importing cheaper Thai copies of American textbooks for resale in the United States, the court was required to decide how to integrate American copyright law with that of foreign countries. (Kirtsaeng won.) When foreign investors sued an Australian bank for making allegedly fraudulent representations about the value of an American company it acquired, the court had to consider whether allowing such suits would inappropriately override Australia’s own laws about securities fraud. (The court concluded it would.) And when foreign businesses charged that price fixing by a worldwide vitamin cartel that had affected American markets also caused damages to them outside the United States, the court had to decide whether American antitrust law gave such businesses a remedy despite the existence of a body of competition law in the European Union and its member states. (The court decided that it didn’t.)
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THE COURT AND THE WORLD
American Law and the New Global Realities
By Stephen Breyer
382 pp. Alfred A. Knopf. $27.95.
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