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2 Publicist 1 (2009)

handle is hein.journals/public2 and id is 1 raw text is: Remarks on State Courts and Transnational Law: Institutional Constraints and Transformative Opportunities for Economic and Social Rights By Martha F. Davis* Recently, Justice Ruth Bader Ginsburg remarked, I frankly don't understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law. Calling the controversy a passing phase, she asked why shouldn't we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article from a professor?' The debate referenced by Justice Ginsburg concerning federal judicial citation of transnational law is well-known.2 Indeed, the Martha F. Davis is Professor of Law and Co-Director of the Program on Human Rights and the Global Economy at Northeastern University School of Law. This essay is based on remarks delivered at the annual Stephen Reisenfeld Symposium. Thanks are due to Elizabeth Persinger, Cassandra Brulotte and Rick Doyon for their assistance. 1 Adam Liptak, Ginsburg Shares Views on Influence of Foreign Law on Her Court and Vice Versa, N.Y. TIMES, June 15, 1990, at Al. 2 For an overview of the controversy, see Diane Marie Amann, Just Right?: Assessing the Rehnquist Court's Parting Words on Criminal Justice: International Law and Rehnquist Era Reversals, 94 GEO. L.J. 1319, 1324-30 (2006); Florence Wagman Roisman, Using International and Foreign Human Rights Law in Public Interest Advocacy, 18 IND. INT'L & CoMP. L. REv. 1, 7-8 (2007) (describing bitter divide in current Supreme Court on use of international opinion when interpreting the constitution). See generally Sarah Cleveland, Our International Constitution, 31 YALE J. INT'L L. 1 (2006) (reviewing current

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