In the controversy over judicial citation of foreign law, little noticed are the effects of citations that contrast American law with the laws of foreign jurisdictions. The controversy typically revolves around the extent to which judges may legitimately look to foreign law as persuasive authority in American courts. It arises out of the Supreme Court’s longtime penchant for referring to foreign law, which has attracted particular attention in recent years after it surfaced in a number of high-profile cases. This practice has prompted both judicial criticisms and defenses. Likewise, many constitutional and comparative law scholars have raised questions about the permissibility and prudence of the practice.
