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Respect My Authority: Analyzing Claims of Diminished U.S. Supreme Court Influence Abroad

Aaron B. Aft

Ind. J. Global Leg. Stud., Vol.18 pp.421-951, 2011 [Rivista Peer Reviewed]

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  • Titolo:
    Respect My Authority: Analyzing Claims of Diminished U.S. Supreme Court Influence Abroad
  • Autore: Aaron B. Aft
  • Note di contenuto: ... The overall number of citations to U.S. authority remained fairly consistent between the two time periods covered by McCormick's studies-3.5% of all SCC citations between 2000 and 2008 and 4.3% of all SCC citations between 1945 and 1994. ... Turning to U.S. precedents in particular, von Nessen's second study shows that HCA citation to U.S. precedent varied quite a bit in terms of the volume and area of law between 1901 and 2002. ... Citation to foreign courts (excluding U.K. courts) has never accounted for even as much as 6% of total citations by the HCA, and that includes citations to all other foreign countries, including the United States, Canada, New Zealand, and other common law countries. ... For example, the decrease in references to U.S. precedents beginning in the 1920s is arguably a result of the HCA's determination that Australian legal culture is "more appropriately guided by British than by United States practice." ... Whatever the reason underlying the clear upward trend in HCA citation to U.S. authority, the data cuts against claims of a diminishing influence of U.S. authority among foreign jurists. . ... As the studies of Canadian citation to U.S. precedent show, "the diffusion of citations to U.S. courts does not fit particularly well with the overtones of the 'emerging judicial community' literature." ... Indeed, despite disagreeing about citing foreign law in opinions, Justices Breyer and Scalia agree on the potential utility of keeping informed of the decisions of other national and constitutional courts. ... Similarly, skepticism should extend to assertions that the United States risks lagging behind global jurisprudence by failing to partake in the transnational judicial dialogue happening via citation.
  • Fa parte di: Ind. J. Global Leg. Stud., Vol.18 pp.421-951, 2011
  • Soggetti: Constitutional; Globalization; Transnational; International; Disinterested; Particularly; Commentators; Increasingly; Introduction; Explanation; Governments; International Law; International Trade Law
  • Lingua: Inglese
  • Tipo: Articolo
  • Identificativo: ISSN: 1080-0727 ; EISSN: 1543-0367
  • Fonte: Academic Law Reviews (LexisNexis®)

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