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Article

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Keynote Address: A Community of Reason and Rights, 77 Fordham L. Rev. 583 (2008)

Abstract

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

2008

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