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How Precedent Travels

–Sam Halabi, University of Tulsa In a recent Article forthcoming in the Notre Dame Journal of International and Comparative Law, “Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri DK Basu v. State of West Bengal”, I explore one aspect of the countermajoritarian difficulty engendered by use of foreign precedent.  Usually, that concern is articulated

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Published on April 4, 2013
Author:          Filed under: Analysis