Help Needed

Leslie Goldstein lesl at UDEL.EDU
Mon Apr 2 20:37:56 PDT 2001


Also in Printz (the Brady law guncontrol case) Breyer criticized the majority
reasoning on the groundthat Swizerland has a perfactly successfl federal system
where the cantons are routinely mandated to enforcefdera laws, and it sipossible
(I don't really recall) that Scalia replied alongthe lines in your inquiry.
Leslie F.Goldstein

Francisco Forrest Martin wrote:

> The case is Stanford v. Kentucky, 492 U.S. 361 (1989) (Scalia, J.
> dissenting) (international standards should not be used to interpret U.S.
> Constitution).
>
> Francisco Forrest Martin
> Ariel F. Sallows Professor of Human Rights
> University of Saskatchewan College of Law
>     -----Original Message-----
>     From: Mark Kende <kendem at SELWAY.UMT.EDU>
>     To: CONLAWPROF at listserv.ucla.edu <CONLAWPROF at listserv.ucla.edu>
>     Date: Sunday, April 01, 2001 8:20 PM
>     Subject: Re: Help Needed
>
>     I recall a case where Justice Scalia said that American constitutional
> law disputes normally should not be resolved by looking for help in foreign
> or comparative constitutional decisions.  I even have a vague recollection
> that Scalia relied on the Federalist Papers for this assertion.  I thought
> Justice Breyer disagreed with him.  Does anyone know what case this is or
> was it in fact a non-constitutional case? (or am I simply imagining things!)
> Thanks for the help. Mark Kende, Univ. Montana
>         ----- Original Message -----
>         From: Volokh, Eugene
>         To: CONLAWPROF at listserv.ucla.edu
>         Sent: Friday, March 30, 2001 6:57 PM
>         Subject: Freedom of Speech and True Threats
>
>                 By the way, apropos the Nuremberg Files case, a student of
> mine -- Jennifer Rothman -- has just written a first-rate article on Freedom
> of Speech and True Threats.  She's currently circulating it to the various
> law reviews, and already has an offer on it.  I've put a copy of it up on my
> site, at http://www.law.ucla.edu/faculty/volokh/rothman.htm if you're at all
> interested in this subject, you should definitely check out this piece.



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