Eugene Volokh: Could foreign law jeopardize American constitutional rights?

Eugene Volokh at The Volokh Conspiracy: “Foreign law is law, and seemingly an expression of public sentiment in allied and respected countries, not just the views of a few academics or even of a professional association. Judges therefore may well be more likely to view foreign law as having moral authority. . . . even Justice Scalia, who has sharply criticized reliance on foreign law in this context, has concluded that it is proper to use foreign law in some contexts.”