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

Law Commons

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

Selected Works

Daniel A Farber

Selected Works

United States. Supreme Court

Articles 1 - 3 of 3

Full-Text Articles in Law

The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber Sep 2013

The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber

Daniel A Farber

The article attempts to examine the U.S. Supreme Court's (SC) reliance on foreign law in light of historic American attitudes toward the law of nations and other forms of foreign authority. First, it provides additional background on the current SC's reliance on foreign law. Second, it looks at the historical record, explaining how foreign law influenced the thinking of the framers of the Constitution and of the anti-slavery Republicans. Third, it surveys the history of SC's use of foreign law in constitutional decisions. Fourth, it assesses some of the arguments against SC use of foreign law in light of the …


Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber Sep 2013

Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.


Moving The Supremes To The Heartland: The Case For Omaha, Daniel A. Farber Sep 2013

Moving The Supremes To The Heartland: The Case For Omaha, Daniel A. Farber

Daniel A Farber

No abstract provided.