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Reciprocal Influence Of British And United States Law, Clark C. Siewert
Reciprocal Influence Of British And United States Law, Clark C. Siewert
Vanderbilt Journal of Transnational Law
The influence of British and United States courts on each other's statutory and decisional law has been primarily indirect. Although few fundamental differences exist between the legal principles, methods, and concepts of the two major common law jurisdictions, the courts in both countries have resisted the use of the other's case law. This is unfortunate because a United States or an English case might provide a fresh perspective for a domestic court that otherwise feels bound by a previous line of reasoning. Since cases from foreign jurisdictions are most relevant in dealing with a question of international or transnational law, …