Recent decisions by the United States Supreme Court and extracurricular discussions between some of the Justices have fueled a debate regarding whether and when it is appropriate for the Court to make reference to foreign law in cases involving the interpretation and application of the United States Constitution. This debate has, to some extent, paralleled the argument over whether the Constitution is best interpreted by looking at the intent of the original drafters - an originalist approach - or by considering it to be a living document that must be interpreted to take account of contemporary realities. This article considers the rather limited nature of the real differences on these issues, the limited purpose of references that are ma...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, ...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, ...
This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases. I...
The use of foreign law in constitutional interpretation has been met with intense criticism and comm...
Do we really need another law review article about foreign law in constitutional interpretation? In ...
This article brings much-needed precision to the debate over the Supreme Court\u27s use of foreign a...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
This article contributes to the current heated debate regarding the extent to which the U.S. Supreme...
In the United States, academic interest in foreign and/or comparative law has never been, as a gener...
One can be forgiven for wondering if the debate about references to foreign law in U.S. court opinio...
This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases. I...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, ...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, ...
This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases. I...
The use of foreign law in constitutional interpretation has been met with intense criticism and comm...
Do we really need another law review article about foreign law in constitutional interpretation? In ...
This article brings much-needed precision to the debate over the Supreme Court\u27s use of foreign a...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional...
This article contributes to the current heated debate regarding the extent to which the U.S. Supreme...
In the United States, academic interest in foreign and/or comparative law has never been, as a gener...
One can be forgiven for wondering if the debate about references to foreign law in U.S. court opinio...
This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases. I...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, ...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, ...
This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases. I...