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The Relevance of Foreign Law


Eugene Volokh has a thoughtful post on when it is (or is not) appropriate for federal judges to consider foreign law in making their decisions. With his caveats, I agree that is acceptable for U.S. judges to consider foreign law as persuasive, but never binding, authority in appropriate cases. Alas, I am not so sure that all of the current Supreme Court justices have as restrained, and responsible, view of the relevance of foreign legal judgments.


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