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Association: Name: American Political Science Association URL: http://www.apsanet.org
Citation: URL: http://www.allacademic.com/meta/p41144_index.html Direct Link: HTML Code:

Goldman, Jerry. and Johnson, Timothy. "Exploring the use of Foreign Law and Foreign Sources in the U.S. Supreme Court’s Decision Making Process" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2008-12-12 <http://www.allacademic.com/meta/p41144_index.html>

Goldman, J. and Johnson, T. , 2005-09-01 "Exploring the use of Foreign Law and Foreign Sources in the U.S. Supreme Court’s Decision Making Process" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <APPLICATION/PDF>. 2008-12-12 from http://www.allacademic.com/meta/p41144_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: In Lawrence and Garner v. Texas (2003) Justice Anthony Kennedy partially relied on precedent set by the European Court of Human Rights to strike down a Texas sodomy law. Certainly the U.S Supreme Court is not bound by precedents set by any other courts of law – especially those beyond our borders. However, as Lawrence indicates, this has not kept the justices from turning to such foreign authorities in recent cases. We are interested in whether Lawrence is an anomaly or whether the justices rely on precedent from international courts (and other international sources) more generally as they make decisions about civil, criminal, and constitutional rights in the United States. To gain leverage on this question we begin by analyzing a sample of briefs submitted to the Court and a sample of oral arguments to understand how attorneys try to influence the Court. From there we analyze Court opinions from 1953 to the present to determine whether justices respond to arguments attorneys present to them. Our initial findings indicate that in recent terms lawyers have begun to refer to laws and precedents from other nations, but that while the Court has come to cite rationale and precedents from international courts to a greater extent throughout the 1990s, it still does not do so in the vast majority of cases it decides.

Political Case Salience, U.S. Supreme Court Oral Arguments, and the Search for the Holy Grail

To Cite or not to Cite: When Does the Supreme Court Cite Amicus Briefs?