Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Brown Abroad: An Empirical Analysis Of Foreign Judicial Citation And The Metaphor Of Cosmopolitan Conversation, Sheldon B. Lyke
Brown Abroad: An Empirical Analysis Of Foreign Judicial Citation And The Metaphor Of Cosmopolitan Conversation, Sheldon B. Lyke
Vanderbilt Journal of Transnational Law
This Article generates a data set (twelve courts and thirty-two decisions) of foreign judicial citations to the landmark U.S. Supreme Court decision in Brown v. Board of Education. The purpose of this Article is to learn what happens when a case is deterritorialized and reconstituted in a different national scenario, and to conceptualize how courts around the world use foreign authority. My analysis reveals that few foreign courts used Brown in decisions involving education or race and ethnicity. Foreign courts used the case as a form of factual evidence, as a guide in understanding the proper role of a court …