(Re-)Setting the Scholarly Agenda on Transjudicial Communication
Ryan C. Black and Lee Epstein

Law & Social Inquiry 32 (3): 791-807 (2007)
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Abstract
We consider the contributions made by Robert H. Bork’s Coercing Virtue (2003) and Anne-Marie Slaughter’s A New World Order (2004) to the on-going debate over the citation of foreign law in U.S. courts. While empirically minded sociolegal scholars might be tempted to dismiss these books as mere op-eds, that would be a mistake. Taken with the spate of other recent work, they supply the makings of an agenda for rigorous research devoted to understanding the exchange of law among nations.

keywords: transjudicial communication, constitutional borrowing, judicial borrowing, U.S. courts, foreign law, comparative law, legal development, judicial practices, policy formation, international law, legal citation trends