Foreign law and opinion in state courts. (Symposium: "Outsourcing Authority?": Citation to Foreign Court Precedent in Domestic Jurisprudence)

From: Albany Law Review | Date: June 22, 2006| Author: | Copyright information

Not long after the Supreme Court's decision in Lawrence v. Texas, (1) I was discussing the use of foreign and international law in constitutional interpretation with a federal judge (who shall remain nameless). After a few minutes, this judge, one of the most conservative on the federal bench, said that in his court there are two kinds of authority: binding and persuasive, and that anything that isn't binding is persuasive. For instance, he could refer to a movie or other popular culture if it helped make his point. He then said that foreign and international law could be far more ...

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