Eric A. Posner and Cass R. Sunstein (University of Chicago Law School and University of Chicago - Law School) have posted On Learning from Others (Stanford Law Review, Vol. 59, No. 5, 2007) on SSRN. Here is the abstract:
This response to Nicholas Quinn Rosenkranz's critique of our earlier paper, “The Law of Other States,” argues that although Rosenkranz has much of interest to say about Condorcet's influence on the founders, Condorcet's influence, or lack of influence, does not bear on the question of whether the Condorcet Jury Theorem provides a reason for courts to use foreign law and judicial decisions as relevant information for deciding cases.
Here is a link to Nick's paper, Condorcet and the U.S. Constitution, thanks to Laura Appleman, Sarah Lawsky, and Dennis Murashko.
All these papers are highly recommended!
