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Condorcet and the Constitution: A Response to the Law of Other States (Response to Eric Posner and Cass Sunstein, Stanford Law Review, Vol. 59, P. 131, October 2006)

eBook details

Title: Condorcet and the Constitution: A Response to the Law of Other States (Response to Eric Posner and Cass Sunstein, Stanford Law Review, Vol. 59, P. 131, October 2006)
Author : Stanford Law School
Release Date : January 01, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 349 KB

Description

INTRODUCTION In two of the most controversial cases of the past decade, the Supreme Court relied on foreign law to help determine the meaning of the United States Constitution. (1) These foreign citations caused quite a stir. Several Justices have spoken extrajudicially about whether such reliance on foreign law is proper, (2) and Justices Scalia and Breyer even went so far as to debate the issue outside of court. (3) Congress has held hearings (4) and considered resolutions and bills disapproving the practice. (5) And scholars, of course, have let their views be known as well. (6)