December 26, 2008
Finkelman on Foreign Law & American Constitutional Interpretation
Posted by: admin : Category: 3172
Paul Finkelman
(Albany Law School - Government Law Center) has posted Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition (NYU Annual Survey of American Law, Vol. 63, 2007-2008) on SSRN. Here is the abstract:
This article offers a correction to the arguments of Justices Scalia and Thomas that the Supreme Court should not use foreign law (except perhaps in interpreting treaties), because it would violate the original intent of the Framers.
Source: Lawrence Solum
