Constitutional Kabuki: Fidelity and Opportunism in the Foreign Law Debate

7 Pages Posted: 11 Mar 2010  

Eric D. Blumenson

Suffolk University Law School

Date Written: March 9, 2010

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.

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: https://ssrn.com/abstract=1567456

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)

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