Saturday, May 28, 2011
The American Society of International Law published a new insight on attempts by state legislatures to prohibit the use of foreign and international law. Here's an excerpt:
In February 2010, a Republican Iowa State Representative introduced a bill to prohibit state judges from using “judicial precedent, case law, penumbras, or international law as a basis for rulings.” The same month, a Utah Republican state representative introduced House Bill 296, prohibiting enforcement of any foreign law, or any decision rendered by a foreign legal or governmental authority, if it would violate a person’s state or federal constitutional rights. Similarly, the bill would nullify or rewrite private contracts with a choice of foreign law clause, the enforcement of which would violate a constitutional right.
Hat tip to Ron Bettauer.