ACSBlog: The Blog of the American Constitution Society

ACS released an issue brief entitled "International and Foreign Law Sources: Siren Song for U.S. Judges?" by Chimène I. Keitner, Associate Professor of Law at the University of California, Hastings College of the Law. Professor Keitner addresses the growing debate over the use of foreign and international law sources by U.S. judges engaged in constitutional adjudication.
The issue brief recapitulates the debate about the appropriate use of foreign and international law sources. It then identifies three principled objects to the use of foreign and international law sources in constitutional adjudication and suggests responses to each of them. Keitner concludes that

Participating in international judicial dialogue should be viewed as a means of strengthening, not weakening, our commitment to the democratic values embodied in the U.S. Constitution.

The full text of the issue brief is available here.