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Modinos v. Cyprus; Norris v. Ireland; Article 46 of the ECHR; res interpretata; Printz v. United States; Lisbon Treaty; European Union; EU law; Eighth Amendment; EU Charter of Fundamental Rights; Oliari & Others v. Italy; Schalk und Kopf v. Austria
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Full-Text Articles in Human Rights Law
The Costs And Consequences Of Incorrect Citations: European Law In The U.S. Supreme Court, Andrea Pin
The Costs And Consequences Of Incorrect Citations: European Law In The U.S. Supreme Court, Andrea Pin
Brooklyn Journal of International Law
Building on the controversy over foreign citations in domestic courts, this article reflects on the U.S. Supreme Court's practice of quoting EU law and the European Court of Human Rights’ case law. It offers a detailed examination of how the U.S. Supreme Court has used European sources and shifts the debate over whether it should use them, by explaining a different way in which the court could exploit them. The article focuses on the three fields in which such foreign case law has either influenced the U.S. Supreme Court decisions or otherwise impacted the judges’ reasoning: laws targeting homosexual conduct; …