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Fright of the Day: Justice Breyer Argues Value of American Judges Consulting Foreign Law

Posted on June 25, 2008

It is a scary day in June when a justice of the United States Supreme Court insists upon the value of looking to foreign law and practice as an aid in the interpretation of American law. Curiously, Justice Breyer, in yesterday's brief defense of this argument at Brookings, adapts the shabby and insubstantial construct of displacement, offered in explanation by his wife, a psychologist, to dismiss out of hand the purportedly few critics of this world-consultative approach. And for that matter, he tells us, American judges are already consulting with other judges in various nations. So what...

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