The Limits of International Human Rights Law in the U.S. Constitution
Boisi Center for Religion and American Public Life
Kenneth Anderson, "Foreign Law and the U.S. Constitution," Policy Review, 2005. Focuses on the Roper opinion and its implications for the practices of the Supreme Court, as well as describing comparative constitutionalism and its relation to the practice.
Eyal Benvenisti, "Reclaiming Democracy: The Strategic Uses of Foreign and International Law by National Courts," American Journal of International Law, 2008. Explains this emerging use of foreign law by democratic courts as a reaction to the forces of globalization and increasing pressure on governments, legislatures and courts to conform to global standards.
Donald J. Kochan, "Sovereignty and the American Courts at the Cocktail Party of International Law: The Dangers of Domestic Judicial Invocations of Foreign and International Law," Fordham International Law Journal, 2005-06. Criticizes the use of foreign law and "undemocratic and dangerous" as well as undermining of sovereignty and the rule of domestic law.
Harold Hongju Koh, "International Law as Part of Our Law," American Journal of International Law, 2004. Discusses the historical and current use of international law in our laws, and argues that the practice of citing foreign law is here to stay.
In the News
A New York Times article, Justice Ruth Bader "Ginsburg Shares Views on Influence of Foreign Law on Her Court, and Vice Versa" from April 11, 2009.
A Huffington Post article, "Supreme Court Looks to Foreign Law for Tips" from April 1, 2010.
A USA Today article, "Supreme Court citing More Foreign Cases" from July 7, 2003.
An article from the New Yorker, "Swing Shift: How Anthony Kennedy's Passion for Foreign Law could Change the Supreme Court," from September 12, 2005.