Keynote Address: A Community of Reason and Rights, 77 Fordham L. Rev. 583 (2008)
My keynote remarks today are entitled "A Community of Reason and Rights." I would like to take as my touchstone the now-famous quote by Chief Justice John Roberts from his Supreme Court confirmation hearing: "[L]ooking at foreign law for support [in construing the U.S. Constitution] is like looking out over a crowd and picking out your friends. You can find them, they're there. And that actually expands the discretion of the judge... . I think that's a misuse of precedent, not a correct use of precedent."
Date of Authorship for this Version
Koh, Harold Hongju and Treanor, William Michael, "A Community of Reason and Rights" (2008). Faculty Scholarship Series. Paper 1686.