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International and Foreign Law North of the Border: The Canadian Experience
Days, Drew
Days, Drew
Abstract
The question of the extent to which American judges should consult foreign and international authorities has occupied Supreme Court Justices, members of Congress and legal commentators for the past several years. This is evident in the opposing positions of the Justices in recent decisions on capital punishment and homosexual sodomy. The question has also spawned a public debate between two Supreme Court Justices, as well as congressional proposals explicitly permitting federal judges to consult only domestic sources.