I wonder whether one might also be able to link this disagreement [over (not) considering foreign law and jurisprudence in US legal opinions, FB] to even older debates than the culture wars. For example, in the immediate aftermath of the Revolutionary War, there were those who wanted to ban the citation of English precedents in American opinions. Or how about the antipathy of Scottish and Irish immigrants to the South and West towards the Easterners who were descended from and/or aped the English? In other words, perhaps the modern debate should be understood as part of a continuing argument in the United States over foreign influence exercised through the medium of Eastern elite opinion?
Comments