The Yale Law Journal

Oona A. Hathaway


Asking for Directions: The Case for Federal Courts To Use Certification Across Borders

Michael J. Wishnie & Oona A. Hathaway

For more than a decade, the bench, bar, and commentators have disagreed as to whether judges should look to decisions of international and foreign courts for guidance in resolving disputes that appear in U.S. courts. In 2003, Justice Scalia’s dissent in Lawrence v. Texas warned darkly that…