108 Harvard Law Review 26 (1994) (with Philip P. Frickey)
With the confirmation of Justice Stephen Breyer to the United States Supreme Court, the legal process school has quietly attained what every Supreme Court litigator seeks: a majority on the Court. Along with Justice Breyer, Justices Scalia, Kennedy, Souter, and Ginsburg are all alumni of Henry Hart's and Albert Sacks's Harvard Law School courses on "The Legal Process." As such, they have been schooled in legal process's emphasis on the creation of law by interacting institutions, the purposiveness of law and these institutions, and the mediating role of procedure. Perhaps it should not be surprising, then, that the Supreme Court's I993 Term was replete with these themes, even before Justice Breyer clinched a numerical majority for Hart and Sacks.
Date of Authorship for this Version
Eskridge, William N. Jr. and Frickey, Phillip P., "The Supreme Court, 1993 Term: Law As Equilibrium: Foreword" (1994). Faculty Scholarship Series. 3797.