I love the subject of SCOTUS and the citing of foreign law. Obviously we have our own constitution as the source of our law, but there are other people in the world and using their experience to understand our own is, well—go back and look at the cartoon I just posted.
American judges can use foreign materials to "cast an empirical light" (the phrase is Stephen Breyer's) on modern problems. The best example of this -- which isn't very well known -- is Earl Warren's use of foreign legal evidence in Miranda v. Arizona (the case that gave us "Miranda rights"). More...
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