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Law Profs Denounce Criticism of Breyer

Law School professors interviewed yesterday objected to recent criticism leveled at Supreme Court nominee Stephen G. Breyer and predicted an easy confirmation for their former colleague.

Breyer, who attended the Law School and subsequently taught classes there and at the Kennedy School of Government, has been showered with praise by senators from across the ideological spectrum.

But in Senate Judiciary Committee hearings last week, Breyer faced charges of conflict of interest stemming from his decision to hear eight pollution cases while serving as a member of the Lloyd's of London insurance syndicate.

Breyer's investments at Lloyd's of London included environmental liability insurance policies.

Breyer has maintained that he did not violate any laws or judicial ethics codes. Most members of the committee said last week that they agree.

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And even Breyer's most vocal critic on this front, Sen. Howard Metzenbaum (D-Ohio), has said he won't let the issue stop him from voting for the judge.

Breyer has had to confront one other major criticism that professors say is even more unfounded.

On Friday, consumer activist Ralph Nader testified for the committee that Breyer has demonstrated "a pronounced inclination to favor corporations" over smaller businesses and consumers.

Nader also testified before the committee that the judge's attitude in environmental cases "belittles hazards and exaggerates costs."

Breyer was not at the hearings to defend himself, but several senators defended the nominee and countered Nader's testimony.

The two charges are the only ones interrupting the otherwise smooth confirmation hearings.

The Harvard professors interviewed agreed that Breyer's confirmation seems imminent.

Carter Professor of General Jurisprudence Charles Fried denounced all the charges as "totally insubstantial."

"[Almost] every well-known, respected, established ethics expert have said this is not a conflict of interest," Fried said yesterday.

Fried described Nader's conduct as "bizarre" and said he gave the consumer activist's charges no credibility.

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