Thursday, April 02, 2009

Like "Scottish Law"? You'll LOVE Koh!

Obama finds another winner.

...Several Supreme Court justices have been making more than a perfunctory nod towards foreign law in deciding American cases. If, oh, Albania looks at an issue a particular way, so should we, they seem to believe.

The Obama administration is likely to push this process along. Exhibit A of its thinking is the recent nomination of Yale Law School Dean Harold Koh as the State Department legal advisor

Commenting on this Eastern Establishment lawyer is John Fonte:

Dean Koh wants to "trigger a transnational legal process" that will "generate legal interpretations that in turn can be internalized into domestic law." Put simply, he favors opening a transnational legal space beyond the Constitution and the democratic decision-making process of our liberal democracy

Sorta kinda like updating the Constitution to reflect the legal values of Estonia, or PRChina, or Kazakhstan--or Iran.

Arlen Specter will be SO wiggly-happy!

HT: AmSpecBlog

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