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Comparative Constitutional Law-Freedom of Expression
This course will consider the Supreme Court's recent cases that invoke and apply foreign legal precedents to influence U.S. constitutional law. Next, it will take up various academic commentaries on international judicial dialogue, including the views of academics such as Anne-Marie Slaughter, Roger Alford, and David Fontana. The balance of the course will use freedom of expression as a means of testing the plausibility of international judicial dialogue, both in terms of the difficulties associated with learning foreign law, but also with respect to whether we would want U.S. federal courts overtly borrowing free speech principles from abroad. Thus, the course will consider the debate surrounding comparative constitutional law in addition to a good deal of the substance of free speech law in other democracies (including Canada, Germany, Japan, and the United Kingdom). Prerequisites: None