Abstract

http://ssrn.com/abstract=1567456
 
 

Footnotes (24)



 


 



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

Abstract:     
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: 7

Accepted Paper Series


Download This Paper

Date posted: March 11, 2010  

Suggested Citation

Blumenson, Eric D., Constitutional Kabuki: Fidelity and Opportunism in the Foreign Law Debate (March 9, 2010). Suffolk University Law Review, Vol. 43, p. 136, 2009; Suffolk University Law School Research Paper No. 10-13. Available at SSRN: http://ssrn.com/abstract=1567456

Contact Information

Eric Blumenson (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
(617) 305-1967 (Phone)
(617) 305-3087 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 493
Downloads: 75
Download Rank: 190,120
Footnotes:  24

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.656 seconds