...like the South African Constitution does, we wouldn’t be having this debate at all. But it doesn’t, so here we are.As a teacher and re
searcher, I find it essential, and illuminating, to consider foreign and international approaches. More Americans, including judges, should think about the ways others do things more often. But should US judges rely on foreign and international sources in making their rulings? This is a different, and more difficult, question. First, one must de
termine whether the Constitution allows such reliance, a question on which, as seen in...