Robert J. Delahunty and John Yoo,
Against Foreign Law, 29
Harv. J.L. & Pub. Pol'y
Available at: http://scholarship.law.berkeley.edu/facpubs/671
The article looks at the practice of several U.S. Supreme Court justices who have considered the decisions of foreign and international courts for guidance in interpreting the U.S. constitution. This practice has occurred in several controversial, high profile cases. There are two main reasons to think that use of foreign or international decisions extends beyond mere ornamentation.