18.01 Justice Ginsburg suddenly jumped into the argument, looked seriously at the author as counsel for the Petitioners, and asked:1 This exchange foreshadowed the tone of, as well as the ultimate result of the decision in Morrison. The question itself suggests perhaps, that, at least in Justice Ginsburg’s mind, the issue might at least theoretically be, in this transnational case, a balancing of Australian ‘interests’ versus American ‘interests’. 18.02 The Court’s opinion, which was issued on 24 June, 2010, authored by Justice Scalia for the Court, took a totally...
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