Constitutional Kabuki: Fidelity and Opportunism in the Foreign Law Debate
Eric D. Blumenson
Suffolk University Law School
March 9, 2010
Suffolk University Law Review, Vol. 43, p. 136, 2009
Suffolk University Law School Research Paper No. 10-13
This essay, part of a symposium on the use of foreign cases in domestic adjudication, explores the reasons the Supreme Court’s occasional citation of foreign cases has spawned vociferous opposition from some judges, politicians, and commentators. The essay offers a brief taxonomy of the jurisprudential criticisms lodged against the practice, observes that they have been deployed selectively, and concludes that the opportunistic use of these criticisms may demonstrate that they are often deployed as stand-ins for a different and more political concern - namely, how the United States should respond to a new global culture that deems national law subordinate to universal human rights norms.
Number of Pages in PDF File: 7Accepted Paper Series
Date posted: March 11, 2010
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