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Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition

32 Pages Posted: 3 Dec 2008  

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 2007

Abstract

This article offers a correction to the arguments of Justices Scalia and Thomas that the Supreme Court should not use foreign law (except perhaps in interpreting treaties), because it would violate the original intent of the Framers.

Suggested Citation

Finkelman, Paul, Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition (2007). NYU Annual Survey of American Law, Vol. 63, 2007-2008. Available at SSRN: https://ssrn.com/abstract=1310733

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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