Who’s Afraid of International and Foreign Law?

Who’s Afraid of International and Foreign Law?

In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016).

Justice Stephen Breyer’s new book, The Court and the World: American Law and the New Global Realities, is a timely contribution to the literature on the effects of globalization on the U.S. judicial system. In his book, Justice Breyer goes beyond the now-familiar debate about the use of comparative and international law in interpreting the U.S. Constitution and examines some less glamorous but actually more important ways that the world outside our borders inevitably affects the resolution of many types of legal disputes. The impact of foreign and international legal systems on American judicial proceedings is not brand new, of course. Indeed, foreign and international law were fixtures of the Supreme Court’s early docket. But it is also true that Justice Breyer’s tenure on the Supreme Court has coincided with an era of renewed globalization. The book is very much a product of our times.


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The Supreme Court as a Filter Between International Law and American Constitutionalism

In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016). This Essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it […]

Justice Breyer’s Remarks at the 2015 Jorde Symposium September 24, 2015

Presented at the Brennan Center Jorde Symposium on September 24, 2015 (University of California, Berkeley). This book—what’s it about? Why did I write it? When I hear the words “interdependent,” “globalization,” “a shrinking world,” I think they range between clichés on the one hand and buzzwords on the other—but they aren’t quite concrete. I thought […]

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2015 Jorde Symposium Capsule Summary

In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016). On September 24, 2015, Justice Stephen Breyer delivered the annual Jorde Symposium lecture at the First Congregational Church in Berkeley, California. In his lecture, “The Court and the World: The Supreme Court’s New Transnational Role,” Justice Breyer […]