Wednesday, June 30, 2004

Foreign Precedents and the US Supreme Court


Foreign Precedents and the US Supreme Court



With many thanks to Alice Dong of Legal Affairs for the following worthwhile tip:



"I think you might be interested in a forum just published in Legal Affairs magazine between Richard Posner and Vicki Jackson about the Supreme Court and international law.



Here's Posner's piece:

http://www.legalaffairs.org/issues/July-August-2004/feature_posner_julaug04.html



Here's Jackson's:

http://www.legalaffairs.org/issues/July-August-2004/feature_jackson_julaug04.html".




Indeed, the Legal Affairs pieces referred to by Alice present excellent counterposed analyses of the pros and cons of this increasingly recurring modern jurisprudential question.



Posner identifies the issue as follows:



"THE QUESTION FOR THIS DEBATE is: "Should foreign or international legal decisions ever be considered relevant to United States Supreme Court rulings?" Alternatively but equivalently: "In what circumstances, if any, should the United States Supreme Court cite a decision by an international or other foreign court?"



Jackson writes pro, e.g.:



"Legal education is just beginning to recognize the importance of offering training in understanding foreign and international law."



Posner writes contra, e.g.:



"The problem is not learning from abroad; it is treating foreign judicial decisions as authorities in U.S. cases, as if the world were a single legal community."



The issues discussed are not merely theoretical legal exercises, but reflect the ongoing and surely inevitable globalization of the world. A great read.

Detainee Cases Decided by US Supreme Court


Detainee Cases Decided by US Supreme Court



See SCOTUSBlog for a discussion of and links to news media reports on the recent US Supreme Court decisions in the detainee cases (1, 2 and 3, 4).

The ISandIS Network

Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz