Third Superpower

« Respect in the Blogosphere | Main | Andrew Orlowski is always wired »

World Judicial Opinion

Authored by Michael Pate on August 3rd, 2003 at 6:32 PM

Ruth Bader Ginsburg says that when the Supreme Court looks to courts in other countries for clues on how to decide cases that it is a good thing. I think it is an extremely dangerous concept.

The American Legal System is based primarily on English Common Law (with a smattering of other things ranging from Iroquois Customs to the Napoleonic Code thrown in). But after 214 years, you would think that the Judiciary could rely on American case law when deciding a case.

Are Internet Access cases based on decisions from China? Will a case about child pornography be decided based on a case from Canada? Where will it end?

Links in this entry:

Canada Weakens Guard On Child Pornography
Child pornography and the Internet in the US
Common law
Forgotten Founders
Ginsburg: Int'l Law Shaped Court Rulings
How the Code Napoleon makes Louisiana law different
Real-Time Testing of Internet Filtering in China
States Proposing 'CIPA-style' Laws

Post a comment

Thanks for signing in, . Now you can comment. (sign out)

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)


Remember me?


TrackBack URL for this entry:

http://www.patetech.info/cgi-bin/mt/mt-doubleback.cgi/155
Valid XHTML 1.0 Transitional .:. Valid CSS .:. Valid RSS
Design by Book of Styles .:. Technorati: Web Services for bloggers .:. Movable Type .:. Pate Technologies .:. Creative Commons License