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“ A Decent Respect to the Opinions of [Human]kind”: The Value of a Comparative Perspective in Constitutional Adjudication

Published online by Cambridge University Press:  28 February 2017

Ruth Bader Ginsburg
Ruth Bader Ginsburg*
Affiliation:
Supreme Court of the United States
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Abstract

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Type
Keynote Address Program
Information
Proceedings of the ASIL Annual Meeting , Volume 99 , 2005 , pp. 351 - 359
Copyright
Copyright © American Society of International Law 2005

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References

1 Judge Posner acknowledged that decisions elsewhere might have informational value; they might be useful, he thought, if they contain persuasive reasoning.

2 In the first case, Nippon Yusen Kaisha v. Karageorgis, decided a month earlier, Lord Denning acknowledged that “ [i]t ha[d] never been the practice of the English Courts to seize assets of a defendant in advance of judgment or to restrain the disposal of them.” Noting “ that the practice on the Continent of Europe is different,” he concluded that “ the time has come when we should revise our practice.”