Law Commons^™

In this issue brief distributed by the American Constitution Society, Professor Keitner addresses the growing debate over the use of foreign and international law sources by U.S. judges engaged in constitutional adjudication. She begins by summarizing the attitudes towards international law sources exhibited by individual justices in the American legal system, noting that one's opinion about the potential relevance of foreign and international law sources... depends in no small part on one's view of the role of judges in a constitutional democracy. Professor Keitner then examines the public opposition to the citation of foreign law sources in Lawrence v. Texas …