Some Modest Uses of Transnational Legal Perspectives in First-Year Constitutional Law

Duke Law School Legal Studies Paper No. 142

Journal of Legal Education, Vol. 56, pp. 201-215, 2006

Posted: 8 Feb 2007

See all articles by Neil Siegel

Neil Siegel

Duke University School of Law

Abstract

In this essay, Prof. Siegel identifies several uses of transnational perspectives in first-year constitutional law: (1) comparing American constitutional arrangements to those in other countries; (2) teaching international law and foreign legal experiences when relevant to U.S. litigation in the war on terror; and (3) examining the U.S. Supreme Court's invocations of foreign legal practices. These uses are illustrated with examples from doctrinal areas that are covered in his course. While each use serves a distinct pedagogical purpose, cumulatively they underscore the increasing importance of transnational legal perspectives in U.S. constitutional law. He concludes, however, with a cautionary note. Selectivity and modesty are warranted, he suggests, because the course appropriately focuses on the United States, teaching time is scarce, coverage tradeoffs abound, the subject matter is complex, and one cannot easily construct transnational examples that are both intellectually serious and pedagogically tractable.

Suggested Citation

Siegel, Neil, Some Modest Uses of Transnational Legal Perspectives in First-Year Constitutional Law. Duke Law School Legal Studies Paper No. 142, Journal of Legal Education, Vol. 56, pp. 201-215, 2006, Available at SSRN: https://ssrn.com/abstract=962115

Neil Siegel (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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