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Should judges in the US be banned from citing foreign cases and and foreign laws?

Should judges in the US be banned from citing foreign cases and and foreign laws?


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jamesrage

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Should judges in the US be banned from citing foreign cases and and foreign laws?

I say yes. The only laws and cases American judges have a business looking at and citing are American laws and cases. A judge here in the US should not look to see how they handle death penalty cases, anti-illegal immigration cases, theft or something else in some other country. I realize that a lot of ours laws are copied or inspired from some other source,however our judges still should not be looking at those other sources.
 
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RightinNYC

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There are plenty of cases where judges actually have to apply foreign law, so this wouldn't make much sense.

If an American company enters into a contract with a German company, there will frequently be choice of law provisions, where the parties agree on what law will govern any disputes. If the parties agree to have German law govern and the American company decides to file suit in NY, the judge has to apply German law in deciding the case.

In addition, there are plenty of scenarios where references to foreign laws are useful, though not dispositive. I understand and agree with the concern raised by the idea of judges ignoring US laws in favor of foreign laws, but I don't believe it's the legislature's job to step in, particularly not with such a heavy-handed bill.
 

Goshin

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There are plenty of cases where judges actually have to apply foreign law, so this wouldn't make much sense.

If an American company enters into a contract with a German company, there will frequently be choice of law provisions, where the parties agree on what law will govern any disputes. If the parties agree to have German law govern and the American company decides to file suit in NY, the judge has to apply German law in deciding the case.

....

Aside from cases like the above, yes I think they should be so banned.

It's not necessarily that I despise the notion of "looking to see how others do it" so much, as it is concern on my part that foreign legal systems and "international law" are going to creep into the ways we determine Constitutionality, and I have a huge problem with that. Inside of the borders of the United States of America, NOTHING should EVER trump the Constitution.
 

jamesrage

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There are plenty of cases where judges actually have to apply foreign law, so this wouldn't make much sense.

If an American company enters into a contract with a German company, there will frequently be choice of law provisions, where the parties agree on what law will govern any disputes. If the parties agree to have German law govern and the American company decides to file suit in NY, the judge has to apply German law in deciding the case.
If they want to have German law apply then they should go to a German court not an American court to have their case settled.

In addition, there are plenty of scenarios where references to foreign laws are useful,
No there isn't.
 

Ikari

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Judges can only rule by the law of the land. If we've entered into treaty with other nations and agreed to certain rules, those rules are law of the land. But that's the only case. You can't arbitrarily take another nation's laws and apply it to domestic cases.
 

Chuz Life

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There are plenty of cases where judges actually have to apply foreign law, so this wouldn't make much sense.

If an American company enters into a contract with a German company, there will frequently be choice of law provisions, where the parties agree on what law will govern any disputes. If the parties agree to have German law govern and the American company decides to file suit in NY, the judge has to apply German law in deciding the case.

In addition, there are plenty of scenarios where references to foreign laws are useful, though not dispositive. I understand and agree with the concern raised by the idea of judges ignoring US laws in favor of foreign laws, but I don't believe it's the legislature's job to step in, particularly not with such a heavy-handed bill.
I don't think any of us were trying to make the case that "this goes for international cases too."

Joron Vandersloot/ Natalie Hallaway comes to mind.

Of course, where it's directly applicable,.. the laws of other nations have to play a factor.

But a judge looking to foreign laws and institution for a desired affect on a decision not directly related?

Oh hell no!
 

Mell

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For the sake of discussing and assessing if the American way is in fact best, they should be allowed to compare with foreign laws and cases, but they certainly should not bring laws that dont apply in the US into a courtcase decision.
 

d0gbreath

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Foreign cases and laws have no bearing upon US justice, or injustice, depending on the outcome. I was under the impression that this is just how it's always been. I believe they may study a foreign case where we lack a precedent, but "citing" said case in the courtroom is just plain wrong.
 

The Mark

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Keeping an eye on how disputes are handled in other countries and such seems reasonable.

But the final arbiter of any legal decision in the USA should be, as previously mentioned, the Constitution.

I’m not to sure what “citing” means, but if my knowledge is correct, in this instance it would entail citing a foreign law as support for an argument.

That, I would have a problem with.

However, mentioning a foreign law as a point of reference for similar cases (albeit under foreign laws), would seem to be a reasonable thing.
 
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