Bibliographic record
Abstract
Many states have enacted constitutions that are influenced by the U.S. Constitution, and foreign courts often look to the jurisprudence of the U.S. Supreme Court or other foreign courts for guidance. The US. Supreme Court, however, remains insulated from constitutional developments in other countries, despite calls by some Justices for greater openness to foreign law as a comparative tool. This Article examines the ramifications of a comparative approach to judicial reasoning and examines how attitudes toward the use of foreign and comparative analysis can be understood as parts of more general theories of judicial review and authority. The Article compares recent case law of the US. Supreme Court and the Supreme Court of Canada to construct enforcement and dialogic models of judicial reasoning. The analysis juxtaposes judicial attitudes about foreign law to concerns about local authority and the interrelationship of legal institutions in a domestic system. The purpose is not to detail how the use of foreign law impacts the development of a particular legal doctrine, but rather to discuss how the acceptance or rejection of foreign law fits within or transforms other aspects of judicial reasoning. The Article ultimately suggests that comparative analysis neither necessarily undermines local authority nor disconnects legal analysis from its local origins when encompassed in the dialogic model.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.060 | 0.073 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.002 | 0.001 |
| Bibliometrics | 0.007 | 0.005 |
| Science and technology studies | 0.006 | 0.024 |
| Scholarly communication | 0.008 | 0.010 |
| Open science | 0.003 | 0.004 |
| Research integrity | 0.007 | 0.005 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".