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A Community of Reason and Rights
Koh, Harold Treanor, William
Koh, Harold
Treanor, William
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Abstract
My keynote remarks today are entitled "A Community of Reason and Rights." I would like to take as my touchstone the now-famous quote by Chief Justice John Roberts from his Supreme Court confirmation hearing: "[L]ooking at foreign law for support [in construing the U.S. Constitution] is like looking out over a crowd and picking out your friends. You can find them, they're there. And that actually expands the discretion of the judge... . I think that's a misuse of precedent, not a correct use of precedent."