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Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
Faculty Articles and Other Publications
Do we really need another law review article about foreign law in constitutional interpretation? In fact, we do. In the vast literature on the subject, a fundamental point has received scant attention. In the recent rulings that have stoked the present controversy, the Supreme Court has employed foreign law not as law, but rather merely as evidence of a legislative fact made relevant by domestic constitutional law. Commentators, however, have largely directed their attention to the merits of a genuine constitutional comparativism in which foreign law serves as a model for the creation of domestic constitutional doctrine. Many commentators have …
International Judicial Assistance And Utah Practice, Gordon A. Christenson
International Judicial Assistance And Utah Practice, Gordon A. Christenson
Faculty Articles and Other Publications
This article will undertake to consider the present framework of Utah procedural law in relation to international judicial assistance. It will endeavor to suggest methods of handling problems of personal service, evidence, and proof of foreign law and will seek to point out some dangers along the way.