“The Experience and Good Thinking Foreign Sources May Convey”: Justice Ginsburg and the Use of Foreign Law

Jeremy Waldron

Volume 63, Issue 5, 1243-1266

This Article is an appreciation of Justice Ruth Bader Ginsburg’s defense of the Supreme Court’s use of foreign law, particularly her arguments about what our courts can learn from the work that foreign courts have done. The Article extends and develops Justice Ginsburg’s account, drawing an analogy between courts learning from one another, and scientists learning from one another in a community of inquiry.

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