Foreign Law in Summary Proceedings (Kort Geding)
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 39, Heft S1, S. 119
ISSN: 1741-6191
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In: Netherlands international law review: NILR ; international law - conflict of laws, Band 39, Heft S1, S. 119
ISSN: 1741-6191
In: American journal of international law: AJIL, Band 55, Heft 2, S. 473-474
ISSN: 2161-7953
In: Law and Society
After the decisions in Lawrence v. Texas (2003) and Roper v. Simmons (2005), the Supreme Court's use of foreign law became a hotly contested issue in Congress, the media, and among conservative political activists. Lawrence Baum (2006) argues the Justices are sensitive and respond to the reaction of external audiences. The reaction of the Justices to the controversy over the use of foreign law indicates that the Justices care more about cases than just their disposition or particular policy agendas, and provides further evidence that the Justices take into account their relationships with othe.
In: Policy review, Heft 131, S. ca. 11 S
World Affairs Online
In: Courts and Comparative Law, S. 66-78
In: Stanford journal of international law, Band 19, S. 3-206
ISSN: 0731-5082
In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Band 8, Heft 4, S. 145-153
ISSN: 2626-1316
The European Convention on Information on Foreign Law came into being as a result of formal recognition by the Council of Europe that increasing movement of persons and goods across European frontiers has resulted in an interpenetration of laws and the attendant need to take foreign law into consideration. Thus, in its explanatory report on the Convention, the Council of Europe noted that it "often happens that, under a rule of conduct or laws, a court is called upon to apply a principle of foreign law, particularly in questions of contract and of family law or of the status and capacity of persons."
In: Northwestern University Law Review, Band 109
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In: Global constitutionalism: human rights, democracy and the rule of law, Band 5, Heft 1, S. 85-108
ISSN: 2045-3825
Abstract:The judicial use of foreign law in constitutional cases is often unsatisfactorily explained in terms of persuasive authority, judicial learning or judicial dialogue. In this article, I argue that the central case of the judicial use of foreign law involves judges treating foreign case law as theoretically, rather than practically, authoritative. The justification for this approach lies in how case law emerges from a process that is structured in such a way that its outcomes deserve respect. There is, in contrast, no justification for any attempt on the part of judges to treat constitutional cases as an opportunity for interjurisdictional judicial dialogue.
In: The international & comparative law quarterly: ICLQ, Band 11, Heft 2, S. 537-567
ISSN: 1471-6895
In: University of Cincinnati Public Law Research Paper No. 11-04
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Working paper
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Working paper
In: Max Planck Lawcast, Episode 11
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In: 64 American Journal of Comparative Law 797 (2016)
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