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04 May 2006

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Bob Hume

Thanks to Sara Benesh for directing me to this blog.

I wonder if Zaring understates the importance of citations to foreign courts. He notes, for example, that there are only 30 citations to foreign law in constitutional cases between 1945 and 2005, but the category includes cases like Miranda, Atkins, and Lawrence, which have profoundly affected the business of other courts (especially when it comes to Miranda). To gauge the impact of foreign law, it might be necessary to take into account the importance of the cases citing it, and their impact on the subsequent behavior of federal courts.

On the whole, though, this is a very accessible article, one that I will probably assign to my undergraduates in Judicial Behavior in the fall.

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