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November 18, 2007
ILYA SOMIN POINTS OUT a danger in using foreign law to interpret U.S. law: "For a Supreme Court made up of generalists, even keeping up with all the US law that the Court has to deal with is a full-time job, one that the justices often fail at. . . . This lack of expertise may help explain why those justices who do rely on foreign law never seem to do a systematic survey of the relevant foreign precedents, but instead simply pick a few examples that seem to support their position."