The Senate has just confirmed Elena Kagan as the newest Justice on the Supreme Court. During her confirmation hearings, one topic especially caught our attention: Kagen's support for the practice of looking abroad for legal inspiration. Recently, Justice Ruth Bader Ginsburg seconded that opinion. We speak with legal scholars about the history and uses of turning to foreign law for good ideas.
Heinz Klug, professor of law at the University of Wisconsin; Honorary Senior Research Associate for the University of the Witwatersrand, Johannesburg, South Africa; served as a member of the African National Congress’ (ANC) Land Commission and chairperson for ANC Constitutional Committee
Miguel Maduro, professor of European law, director of the Global Governance Programme, former advocate general in the European Court of Justice