Why American Law Should Stop Following Old English Rules

In his latest Daily Journal column, Manatt Appellate Senior Counsel discussed the reliance of the U.S. Supreme Court on British legal precedents from before American independence.

Arguing for a more autonomous interpretation of American constitutional and statutory laws, Berger emphasized the need to move beyond colonial legal frameworks to better serve contemporary American jurisprudence. “In my view, it is time to complete the revolution,” he said. “This is not to say there is no wisdom in English common law practice that could be useful for us to consider, merely that we should not consider ourselves bound by it when interpreting our own law.”

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