Add to ORKGThis Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or axioms, that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of ordinary problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question cases, treating separately cases within the exclusive, concurrent, and ancillary jurisdiction of federal courts
Article III’s diversity jurisdiction provisions extend the federal judicial power to state law contr...
It is the thesis of this article that such legislative review and repair is required today on the pa...
(Excerpt) Part I of this Article briefly summarizes the relevant history of the Erie doctrine, inclu...
This Article is essentially an elaboration of these three themes. Section I sets forth the fundament...
There are four purposes of this article: First, to expose more fully the nature and dimensions of th...
In an effort to eliminate duplicative and wasteful litigation in both federal and state courts, rece...
The complete diversity rule is broken. Although easily applied in theory (federal courts can exercis...
Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction ...
For seventy-five years, Klaxon v. Stentor Electric Manufacturing has provided a one-line answer to c...
Recognizing a conflict between the goals of uniform federal procedure and of uniform outcome in stat...
After years of pretrial and trial activities, a large corporate defendant discovers that it is a c...
Erie, having preoccupied the intellectually dominant group of academic lawyers rising to maturity d...
Approximately twelve years have passed since the Supreme Court of the United States promulgated the ...
The Class Action Fairness Act of 2005 (CAFA) expands diversity jurisdiction to allow most significan...
An important group of cases over which the inferior federal courts in the United States have jurisdi...
Article III’s diversity jurisdiction provisions extend the federal judicial power to state law contr...
It is the thesis of this article that such legislative review and repair is required today on the pa...
(Excerpt) Part I of this Article briefly summarizes the relevant history of the Erie doctrine, inclu...
This Article is essentially an elaboration of these three themes. Section I sets forth the fundament...
There are four purposes of this article: First, to expose more fully the nature and dimensions of th...
In an effort to eliminate duplicative and wasteful litigation in both federal and state courts, rece...
The complete diversity rule is broken. Although easily applied in theory (federal courts can exercis...
Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction ...
For seventy-five years, Klaxon v. Stentor Electric Manufacturing has provided a one-line answer to c...
Recognizing a conflict between the goals of uniform federal procedure and of uniform outcome in stat...
After years of pretrial and trial activities, a large corporate defendant discovers that it is a c...
Erie, having preoccupied the intellectually dominant group of academic lawyers rising to maturity d...
Approximately twelve years have passed since the Supreme Court of the United States promulgated the ...
The Class Action Fairness Act of 2005 (CAFA) expands diversity jurisdiction to allow most significan...
An important group of cases over which the inferior federal courts in the United States have jurisdi...
Article III’s diversity jurisdiction provisions extend the federal judicial power to state law contr...
It is the thesis of this article that such legislative review and repair is required today on the pa...
(Excerpt) Part I of this Article briefly summarizes the relevant history of the Erie doctrine, inclu...