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Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Judicial process

Journal

2009

Osgoode Hall Law School of York University

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American Citations And The Mclachlin Court: An Empirical Study, Peter Mccormick Jan 2009

American Citations And The Mclachlin Court: An Empirical Study, Peter Mccormick

Osgoode Hall Law Journal

This article examines the use of American jurisprudence by the judges of the McLachlin Court, using an earlier study of such citations as a reference point. In addition to tracking overall use of American citations over time, it looks at these trends: which Canadian judges use American cases and for which types of cases; and which American cases, courts, and judges are being cited. Brief descriptions of the Supreme Court cases with the largest use of American citations precede a categorization of the results. The article confirms previous academic findings that the use of American citations have been modest, with …