Remarks and observations concerning American law and cultural studies as it relates to courses taken by students in the University of Osnabrück's and University of Münster's foreign law programs.
27 November 2008
Using Foreign Law
Courts in the United States are often criticized by some when they cite to foreign sources in their decisions. Supreme Court Justice Antonin Scalia is probably at the forefront of this anti-foreign law crusade, and he usually has much to say on the topic when given the opportunity. At a recent event in Houston, Scalia fretted that the U.S. Supreme Court will use foreign law in its decisions at an ever increasing pace. But is it such a bad thing to look at how courts in other jurisdictions deal with issues that are universal? Is this anti-foreign law crusade simply futile? Micheal Dorf at Findlaw has more.