Stephen G. Breyer

Hon. Stephen G. Breyer
Firm: Supreme Court of the United States
Address: One First Street, NE
Washington, DC 20543
Phone: (202) 479-3211
(202) 479-3011
Fax: (202) 479-3230
Web site:

Position Bar Admissions Education
Honors Published Works Affiliations
Lawyer Profile:

Stephen G. Breyer, Associate Justice, was born in San Francisco, California, August 15, 1938. He married Joanna Hare in 1967, and has three children - Chloe, Nell, and Michael. He received an A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965-1967, as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as Special Counsel of the U.S. Senate Judiciary Committee, 1974-1975, and as Chief Counsel of the committee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994, a Professor at the Harvard University Kennedy School of Government, 1977-1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. From 1980-1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990-1994. He also served as a member of the Judicial Conference of the United States, 1990-1994, and of the United States Sentencing Commission, 1985-1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994.

Current Employment Position(s):
Associate Justice, since August 3, 1994

Bar Admissions:
California, 1966
Massachusetts, 1970
District of Columbia, 1966
Harvard University Law School, Cambridge, Massachusetts, 1964
Honors: magna cum laude
Law Review: Harvard Law Review, Articles Editor

Magdalen College, Oxford, England, 1961
Honors: Marshall Scholar

Stanford University, Stanford, California, 1959
Honors: Highest Honors

Published Works:
Breaking the Vicious Circle: Toward Effective Risk Regulation, Harvard University Press, 1993

Regulation and Its Reform, Harvard University Press, 1982

Administrative Law and Regulatory Policy (with Richard Stewart), Little, Brown, 1st ed. 1979, 1d ed 1985, 3d ed. 1992

The Federal Power Commission and the Regulation of Energy (with Paul MacAvoy), Brookings, 1974

On the Uses of Legislative History in Interpreting Statutes, 65 Southern California Law Review 845, 1992

Administering Justice in the First Circuit, 24 Suffolk Law Review 29, 1990

Agency Autonomy and the Unitary Executive, 68 Washington University Law Quarterly 495, 1990

Regulation and Deregulation in the United States: Airlines, Telecommunications and Antitrust, Deregulation or Regulation? Regulatory Reform in Europe and the United States (G. Majone, ed. Pinter), 1990

Equality Versus Discretion in Sentencing, 26 American Criminal Law Review 1820, 1989

Comments on Airline Deregulation and Common Market Regulation, 4 Economic Policy: A European Forum 335-338, 476-481, 1989

The Federal Sentencing Guidelines and the Key Compromises Upon Which They Rest, 17 Hofstra Law Review 1 (1988), reprinted in Munro & Wasik, Sentencing, Judicial Discretion and Training (London, 1992)

Antitrust, Deregulation and the Newly Liberated Marketplace, 75 California Law Review 1005, 1987

Judicial Review of Questions of Law and Policy, 38 Administrative Law Review 363 (1986); also published in Public Regulation (E. Bailey, ed. MIT Press, 1987)

La Dereglementation du Transport Aerien en Amerique, 35 Institut du Transport Aerien Magazine, May, 1986

Economists and Economic Regulation, 47 University of Pittsburgh Law Review 205, 1985

Reforming Regulation, 59 Tulane Law Review 4, 1984

The Relationship between the Federal Courts and the Puerto Rico Legal System, 53 University of Puerto Rico Law Review 307, 1984

The Legislative Veto after Chadha, 72 Georgetown Law Journal 785, 1984

Two Models of Regulatory Reform, 34 South Carolina Law Review, 629, 1983

Economics for Lawyers and Judges, 33 Journal of Legal Education 294, 1983

Analyzing Regulatory Failure: Mismatches, Less Restrictive Alternatives, and Reform, 92 Harvard Law Review 549, 1979

Taxes as a Substitute for Regulation, 10 Growth and Change 39, 1979

Vermont Yankee and the Courts: Role in the Nuclear Energy Controversy, 91 Harvard Law Review 1833, 1978

Five Questions about Australian Antitrust Law, 51 Australian Law Journal, 28, 1977

The Problem of the Honest Monopolist, 41 American Bar Association Antitrust Law Journal 194, 1975

The Regulation of Genetic Engineering (with Richard Zeckhauser), 1 Man and Medicine 1 (reprinted in Lipkin & Rowley, Genetic Responsibility, 1975), 1975

The Natural Gas Shortage and the Regulation of Natural Gas Producers (with Paul MacAvoy), 86 Harvard Law Review 941 (reprinted in Kalter & Vogely, Energy Supply and Government Policy, 1976), 1973

The Federal Power Commission and the Coordination Problem in the Electrical Power Industry (with Paul MacAvoy), 46 Southern California Law Review 661, 1973

The Ash Council's Report on the Independent Regulatory Agencies, 2 Bell Journal of Ec. & Magt. Science 628 (reprinted in Noll, Reforming Regulation, 1971), 1971

The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies and Computer Programs, 84 Harvard Law Review 281 (reprinted in Bush, Technology and Copyright 1972), 1970

Report, Subcommittee on Administrative Practice and Procedure, United States Senate Committee on the Judiciary, Civil Aeronautics Board Practices and Procedures, 1975

Classes/Seminars Taught:
Assistant Professor, Professor of Law and Lecturer, Harvard Law School, 1967 - 1994

Professor, Harvard University Kennedy School of Government, 1977 - 1980

Visiting Professor, College of Law, Sydney, Australia and at the University of Rome

Honors and Awards:
Annual Award for Scholarship in Administrative Law, American Bar Association, 1987

Oliver Wendell Holmes Lecture, Harvard Law School, 1992

Fellow, American Academy of Arts and Sciences

Fellow, American Bar Foundation

Professional Associations and Memberships:
American Bar Association

Massachusetts Bar Association

American Law Institute

Ad Hoc Committee on Judicial Review Provisions in Regulatory Reform, 1981 - 1984
Legislation, Member

Judicial Conference of the United States, 1990 - 1994

Dana Farber Cancer Institute, 1977 - Present
Trustee, Jimmy Fund

American Bar Association
Member, Administrative Law Section and Judicial Administration Section

American Bar Association
Member, Council on Foreign Relations

Administrative Conference of the United States
Judicial Conference Representative

University of Massachusetts, 1974 - 1981
Member, Board of Trustees

Dia Art Foundation, 1985 - 1986
Member, Board of Directors

American Bar Association
Council Liaison

United States Sentencing Commission, 1985 - 1989

Past Employment Positions:
United States Court of Appeals for the First Circuit, Chief Judge, 1990 - 1994

United States Court of Appeals for the First Circuit, Judge, 1980 - 1990

United States Senate Judiciary Committee, Chief Counsel, 1979 - 1980

United States Senate Judiciary Committee, Special Counsel, 1974 - 1975

Watergate Special Prosecution Force, Assistant Special Prosecutor

U.S. Attorney General for Antitrust, Special Assistant, 1965 - 1967

Justice Arthur Goldberg of the Supreme Court of the United States, Law Clerk

Birth Information:
1938, San Francisco, California, United States of America

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