Foreign and International Law and the Internet

[Kenneth I. Kersch]

Given what the justices have said about their uses of foreign and
international law sources, I think we are missing the gist of Delay's
comments on this.  I think the foreign citation and the internet
research issues are not seperate issues (as Kim suggests), but related.
I know, for instance, that, in a speech a few years back, Justice Breyer
complained that foreign and comparative law sources were difficult for
the Justices to find (as compared with the usual American sources in the
case reports).  He urged the lawyers he was speaking to to help the
Court out in this regard by being more aggressive in bringing those
sources to the Court's attention.   It seems plausible to me that Delay
was criticizing what he takes as Kennedy's extraordinary efforts, via
the internet, to troll around for novel sources of law in novel places
(i.e. not Lexis or Westlaw) in service what he takes to be a problematic
judicial agenda. 
 
Ken Kersch
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