It is every days practice with us to decide cases which turn upon the — Foreign law

"But thats the document, Im interpreting that document. And to think that one might learn from other countries in how best to apply this American Constitution is something I think -- Ive been reading about the Founding Fathers, and I think Franklin and Hamilton and Jefferson and Madison and maybe even George Washington all would have thought that we, on occasion at least, can learn something about our country and our law and our document from what happens elsewhere."

"Decisions in the American Courts are entitled to great respect, but are not binding here; and there are many circumstances affecting questions arising between the laws of different States which may or may not be applicable to questions arising here."

"I need hardly say that I am always anxious to hear if there be any American decisions bearing upon the question before me, not because they are binding authorities upon me, but in order that I may get the very assistance which I have over and over again derived from the decisions of accomplished Judges, who are dealing with what is very much the same law as our own."

"Although the decisions of the American Courts are of course not binding on us, yet the sound and enlightened views of American lawyers in the administration and development of the law—a law, except so far as altered by statutory enactment, derived from a common source with our own—entitle their decisions to the utmost respect and confidence on our part."

"I dont know what it means to express confidence that judges will do what they ought to do, after having read the foreign law. My problem is I dont know what they ought to do. What is it that they ought to do? You have to ask yourselves, Why is it that foreign law would be relevant to what an American judge does when he interprets -- interprets, not writes -- I mean, the Founders used a lot of foreign law. If you read the Federalist Papers, its full of discussions of the Swiss system, German system. Its full of that. It is very useful in devising a constitution. But why is it useful in interpreting one?"

"We should treat with great respect the opinion of eminent American lawyers on points which arise before us, but the practice, which seems to be increasing, of quoting American decisions as authorities, in the same way as if they were decisions of our own Courts, is wrong. Among other things it involves an inquiry, which often is not an easy one, whether the law of America on the subject in which the point arises is the same as our own."