You Thought Conservatives Go Nuts When You Cite International Law...
... wait until they see Judge Evans' citation of the Right Honorable... Ludacris. USA v. Murphy (as noted by Howard Bashman of course).
Man, if I were Ludacris, I'd be stoked. Between this and my serious Hollywood premiere Friday in Crash, I'm really starting to get recognized by high society!
Man, if I were Ludacris, I'd be stoked. Between this and my serious Hollywood premiere Friday in Crash, I'm really starting to get recognized by high society!
Labels: Court Cases
posted by Tom Fletcher at 5:14 PM
5 Comments:
I have read a lot of cases in casebooks where U.S. courts--including the U.S. Supreme Court--cited foreign courts. Maritime cases often cite foreign decisions and areas of American law that descended from British law sometimes cite old British cases. I don't think I can go for a week in law school without reading a case from a foreign court as I learn about American law.
The people who criticize Kennedy for citing foreign courts are either ignorant idiots or political operatives. Many so-called conservative bloggers are the later by the way. The Leadership Institute in Virginia has a new training camp for right-wing internet "guerrilla activism."
I think there are better quotes to explain the difference between a "snitch bitch hoe" and a "snitch bitch ho" than the one they found from Ludacris. But it's good to see they at least had the right idea...
As to citing foreign courts... I'm mixed on it. Where it makes sense (admiralty, common law), it's obviously a go. I wouldn't bat an eye when it's a CISG case either.
I am sensitive to use outside those realms... I don't want to pillory or impeach judges for doing it, but it does make me itch in strange ways and places. I have yet to come out on the wrong side of a significant foreign cite, but say someone started citing French cases in a copyright case I was trying. I would go ballistic. Baaaa-listic.
As for right-wing internet "guerrilla activism" - well, the use of the phrase guerrilla should tell you all you need to know. Say it with me - there is no war in American society. I have my views, you have yours, and we both get to have them. No imposing.
And speaking of high society, the library is springing for tea to make up for the mysterious incident that happened last week (tomorrow at 4, for those who didn't get the email). There will be a community service officer at the door patting people down for weapons.
What made Kennedy's cites so hard for some to swallow was that he cited a treaty that the US had rejected, and cited a treaty the US had rejected in part, on the very point that Kennedy was citing it for.
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