Some of the nominee's strongest comments came in questioning on whether American judges should rely on foreign case law when making decisions.

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If a case arises in which a foreign law or foreign legal doctrine is involved in a dispute in a state court, ALAC prevents the use of that foreign law or foreign legal doctrine if any of the parties' constitutional rights or state public policy would be violated in the process.

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Under U.S. law, participants in a foreign case can petition federal courts to help them gather evidence.

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The only exception is in the case of a criminal investigation where law enforcement officials contact a foreign bank.

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There are plenty of ways to use foreign law appropriately -- most obviously in comparing standards for implementation in the case of treaties.

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Last week, the WTO upheld the EU's case against a 1916 law that allows American firms to sue for compensation from foreign rivals that sell below cost.

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