[Arthur Wildfire! March]

Are federal judges trying to cite foreign law now? Elena

Kagan — was she the one who said we should do more of that?

[Cboldt]

-- Are federal judges trying to cite foreign law now? --

They have to for rendering decisions on certain types of multi-national citizenship cases.

8 USC 1409 - Children born out of wedlock

while the person is under the age of 18 years ... the person is legitimated under the law of the person's residence or domicile

For a person born abroad, out of wedlock, the case can turn on the law of the person's residence or domicile, which is typically a foreign country. There is a big body of case law on 1409.

[Cboldt]

-- Are federal judges trying to cite foreign law now? --

I'd add that even 1401 includes, but does not recite, that the marriage be one that is recognized in the country of birth. If the marriage isn't recognized, then the birth is out of wedlock, and 1409 applies. That doesn't mean citizenship does not attach, only that the analysis proceeds under a different law.