Current News

Professor Berkowitz Speaks on Scalia's Stand Against Citing Foreign Law

On February 21, 2006, Professor Peter Berkowitz participated in a conference on "Outsourcing of American Law" that was hosted by the American Enterprise Institute. Justice Scalia delivered the keynote address and several panels of distinguished scholars and practitioners spoke on the role that international and foreign law should play in American judicial decision-making.

In his remarks, Berkowitz said that he found Justice Scalia's arguments against the citing of foreign law by American courts persuasive because this practice can contribute to undermining respect for foreign law. He also said that Scalia's strictures against use of foreign law are powerful but worries that they go too far.

For more information on the event, see the AEI website. C-SPAN also has videotape of Justice Scalia's speech and the panels (requires RealPlayer):

U.S. Supreme Court Justice Scalia on Outsourcing American Law

"Outsourcing American Law," Part I

"Outsourcing American Law," Part II
(includes Prof. Berkowitz as the first panelist)