Brown Abroad:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Brown Abroad: "
Lyke, Sheldon Bernard; Editor(s): Muller, Peter Schnorr

Document Type	:	AL
Record Number	:	907210
Doc. No	:	LA7hx8d0r0
Title & Author	:	Brown Abroad:. An Empirical Analysis of Foreign Judicial Citation and the Metaphor of Cosmopolitan Conversation [Article]\ Lyke, Sheldon Bernard; Editor(s): Muller, Peter Schnorr
Date	:	2012
Title of Periodical	:	UCLA
Abstract	:	This Article generates a data set (twelve courts and thirty-two decisions) of foreign judicial citations to the landmark U.S. Supreme Court decision in <em>Brown v. Board of Education</em>. The purpose of this Article is to learn what happens when a case is deterritorialized and reconstituted in a different national scenario, and to conceptualize how courts around the world use foreign authority. Analysis reveals that few foreign courts used <em>Brown</em> in decisions involving education or race and ethnicity. Foreign courts used the case as a form of factual evidence, as a guide in understanding the proper role of a court with respect to decision making, and as a source of substantive law in discussions on equal protection. Specifically, the article illustrates the ways in which justices on both the New Zealand Court of Appeal and the Constitutional Court of South Africa used Brown in discussions of same-sex marriage. Although central to comparative law, the legal transplant metaphor does not adequately explain the transnational use of <em>Brown</em>. By incorporating sociological theories of diffusion and innovation, the article attempts to reconcile some of the flaws of the transplant metaphor and argue that conceptualizing judiciaries’ use of foreign law as a cosmopolitan conversation is more appropriate. Cosmopolitan conversation has led to forms of legal learning and innovation when courts have cited, interpreted, and infused their own meaning into the <em>Brown</em> decision.