Tuesday, July 20, 2004

Regarding the propriety of citing to foreign opinions...

Thanks to Dave Fuhr for pointing this out to me: Scalia himself cited the legislatures of various foreign countries in McIntyre v. Ohio Elections Com'n, 514 U.S. 334, 381-82 (1985)(Scalia, J., dissenting). Granted, this is not the same thing as citing a foreign judicial opinion, but it does relate to Constitutional law: Scalia was citing the foreign statutes as examples of a statute that, in this case, the majority found to violate the First Amendment. Of course, he is using it to support a federalist position (or, rather, a judicial-abstention position - he states that 49 (if not 50) of the states and the federal government approve of the statute that was struck down), but it is interesting nonetheless.

For more information on this, see the late, great Trey Childress note in the October issue of the Duke Law Journal.


Anonymous Anonymous said...


September 6, 2004 at 9:25 PM  
Anonymous Anonymous said...

I concur. Sexists. Why no females?

November 23, 2005 at 5:10 PM  
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Anonymous Anonymous said...

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