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Did the Oklahoma Attorney General's Office Fail to Adequately Defend the Oklahoma Ban on Use of Foreign Law?
by Eugene Volokh
As I noted below, the Tenth Circuit U.S. Court of Appeals has upheld the injunction ordering the Oklahoma Secretary of State not to certify the enactment of the Oklahoma anti-foreign-law/anti-Sharia constitutional amendment. But here's an interesting twist: Though the high-profile part of the amendment banned Oklahoma courts' use of Sharia law, the amendment more broadly banned the courts from using foreign law:
As I mentioned before, this was a very bad idea, for reasons quite unrelated to the Sharia law question: Whatever one may think of the propriety or impropriety of courts using foreign law or international law as a guide in interpreting the U.S. Constitution, foreign law is and should be routinely considered in a wide range of contract, tort, property, and family law cases; see here for some examples.
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