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Record W69943861

Comparative Reasoning and Judicial Review

2003· article· en· W69943861 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Law Studies
Canadian institutionsnot available
Fundersnot available
KeywordsPolitical science
DOInot available

Abstract

fetched live from OpenAlex

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.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.979
Threshold uncertainty score0.428

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.067
GPT teacher head0.376
Teacher spread0.309 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Quick stats

Citations25
Published2003
Admission routes1
Has abstractyes

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