The New Legal Transnationalism, the Globalized Judiciary, and the Rule of Law

In recent years in the United States, constitutional reasoning and practice has been going global. For many, this trend became apparent for the first time when, in the course of its analysis in the recent affirmative action and gay rights cases, the U.S. Supreme Court made frank references to foreign practices, public opinion, and court decisions, as well as international agreements-those ratified by the United States and those not.