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Glensy on International Law as Persuasive Authority

By Lawrence Solum

Rex D. Glensy (Drexel University - Earle Mack School of Law) has posted The Use of International Law in U.S. Constitutional Adjudication (Emory International Law Review, Forthcoming) on SSRN. Here is the abstract:

This Article seeks to untangle part of the debate concerning the use of international law as persuasive authority within the context of U.S. constitutional interpretation. It begins by noting that international law is being used comparatively within the framework of constitutional analysis but such usage lacks structure and context. It then posits that U.S. courts should only use international law as persuasive authority when this fits within the goals of the comparative enterprise. By combining comparative theory and historical practice, the Article concludes by proposing a methodology for employing international law as persuasive authority by U.S. Courts.

Full post as published by Legal Theory Blog on November 05, 2010 (boomark / email).