About the Authors

Stephen G. Breyer

Education
B.A., Stanford University
A.B., Magdalen College, Oxford University
LL.B., Harvard Law School

Background
Stephen Breyer is an Associate Justice of the Supreme Court of the United States. After graduation from Harvard Law School, where he was Article Editor of the Harvard Law Review, Justice Breyer served as law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967, an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, Special Counsel of the U.S. Senate Judiciary Committee, 1974–1975, and 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 was also 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.

Richard B. Stewart

E-mail address: richard.stewart@nyu.edu

Education
B.A., Yale University, 1961
M.A., Oxford University (Rhodes Scholar), 1963
LL.B., Harvard Law School, 1966

Background
Recognized as one of the world's leading scholars in environmental and administrative law, Richard Stewart is University Professor and John Edward Sexton Professor of Law at New York University. Prior to joining the NYU faculty, Stewart served as Byrne Professor of Administrative Law at Harvard Law School and as a member of the faculty of the Kennedy School of Government, as Assistant Attorney General in charge of the Environment and Natural Resources Division of the U.S. Department of Justice, and as Visiting Professor at Georgetown Law. He also has a longstanding affiliation with the Environmental Defense Fund, of which he is an Advisory Trustee and a member of the Legal Action Committee.

A prolific author, Stewart has published ten books and more than 80 articles on environmental and administrative law, including the intersection between theory and practice in environmental law and the need to develop innovative methods for environmental protection. His writing favors a reliance on a market-oriented approach to environmental protection, rather than the central-planning systems of command and control regulation that have been used for the past 30 years. He has been a visiting professor at the Universities of Bologna, Chicago, and Rome, the University of California at Berkeley, the European University Institute, and Georgetown University. He is a member of the American Academy of Arts and Sciences and the American Law Institute, a Director of the Health Effects Institute, and a member of the editorial boards of several European scholarly journals.

Cass R. Sunstein

E-mail address: csunstei@law.harvard.edu

Education
A.B., Harvard College, 1975
J.D., Harvard Law School, 1978

Background
Cass R. Sunstein is Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. He is on leave from Harvard Law School, where he has been Felix Frankfurter Professor of Law since 2008. Previously, he was Karl N. Llewellyn Distinguished Service Professor of Jurisprudence at the University of Chicago Law School.

Professor Sunstein graduated in 1975 from Harvard College and in 1978 from Harvard Law School magna cum laude. After graduation, he clerked for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court and Justice Thurgood Marshall of the U.S. Supreme Court. Before joining the faculty of the University of Chicago, he was an attorney-advisor in the Office of Legal Counsel in the U.S. Department of Justice. Mr. Sunstein has testified before congressional committees on many subjects, and he has been involved in constitution-making and law reform activities in a number of nations, including Ukraine, Poland, China, South Africa, and Russia. A member of the American Academy of Arts and Sciences, Mr. Sunstein has been Samuel Rubin Visiting Professor of Law at Columbia, visiting professor of law at Harvard, vice-chair of the ABA Committee on Separation of Powers and Governmental Organizations, chair of the Administrative Law Section of the Association of American Law Schools, a member of the ABA Committee on the future of the FTC, and a member of the President's Advisory Committee on the Public Service Obligations of Digital Television Broadcasters.

He is author of many articles and a number of books, including Democracy and the Problem of Free Speech (1993), Legal Reasoning and Political Conflict (1996), Free Markets and Social Justice (1997), One Case At A Time (1999), Behavioral Law and Economics (editor, 2000), Designing Democracy: What Constitutions Do (2001), Republic.com (2001, 2d ed. 2007), Risk and Reason (2002), The Cost-Benefit State (2002), Punitive Damages: How Juries Decide (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), Laws of Fear: Beyond the Precautionary Principle (2005), Why Societies Need Dissent (2007), and Nudge: Improving Decisions About Health, Wealth, and Happiness (2008) (with Richard Thaler).

Adrian Vermeule

E-mail address: avermeule@law.harvard.edu

Education
A.B., Harvard College, 1990
J.D., Harvard Law School, 1993

Background

Adrian Vermeule is John H. Watson, Jr. Professor of Law at Harvard Law School, where he teaches Administrative Law, Legislation, Constitutional Law, and National Security Law. Vermeule was on the faculty of the University of Chicago Law School from 1998 to 2005. There, he was twice awarded the Graduating Students’ Award for Teaching Excellence. Before entering teaching, he served as a clerk to Supreme Court Associate Justice Antonin Scalia and Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. Professor Vermeule's writings focus on institutional theory. His books include The System of the Constitution (Oxford 2012), The Executive Unbound: After the Madisonian Republic (Oxford 2011) (with Eric Posner), Law and the Limits of Reason (Oxford 2008), Mechanisms of Democracy: Institutional Design Writ Small (Oxford 2007), Terror in the Balance: Security, Liberty and the Courts (Oxford 2007) (with Eric Posner), and Judging Under Uncertainty: An Institutional Theory of Legal Interpretation (Harvard 2006).

Michael Herz

E-mail address: herz@yu.edu

Education
B.A., Swarthmore College, 1979
J.D., University of Chicago, 1982

Background
Michael Herz is Arthur Kaplan Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy at the the Benjamin N Cardozo School of Law, Yeshiva University. Professor Herz came to Cardozo from the Environmental Defense Fund, where he was a staff attorney for three years. Previously, he clerked for Associate Justice Byron R. White of the US Supreme Court and for Chief Judge Levin H. Campbell of the US Court of Appeals for the First Circuit. Professor Herz, who was comment editor of The University of Chicago Law Review, has written widely on a variety of public law topics. Professor Herz was Cardozo's Vice Dean from 2006 to 2009 and served as Senior Associate Dean from 1996 to 2000. He was a visiting professor at New York University School of Law in 2000-01 and 2005-06, and has three times been a visiting professor of public and international affairs at Princeton University. He is Chair of the ABA's Section of Administrative Law and Regulatory Practice and a public member of the Administrative Conference of the United States. He is spending the 2011-2012 academic year at Princeton University as a Fellow in the Program in Law and Public Affairs.