Add to ORKGIn this Essay I explore what traditional Erie cases would look like if we treated those cases just like classic federal common law cases. I conclude that such an approach is consistent with Erie itself and is also consistent with many of the holdings, if not the language, of traditional Erie cases. This unified approach to substantive and procedural federal common law might have some advantages. In addition to providing conceptual uniformity, this approach would offer an escape from current Erie doctrine, which is confused and unsatisfactory. Under the current doctrine, the Court appears to vacillate between the balancing test of Byrd and the modified outcome test of Hanna. These two tests are largely inconsistent, and the Court has offered...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
From their first year in law school through their careers, attorneys have been mystified by the twis...
From their first year in law school through their careers, attorneys have been mystified by the twis...
Approximately twelve years have passed since the Supreme Court of the United States promulgated the ...
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that ...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, a...
Traditional Erie is like a false front on a movie set, with nobody seeing the unfinished rear side...
A forward to the articles in this journal. All the articles manifest concern for the constitutional ...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
From their first year in law school through their careers, attorneys have been mystified by the twis...
From their first year in law school through their careers, attorneys have been mystified by the twis...
Approximately twelve years have passed since the Supreme Court of the United States promulgated the ...
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that ...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...
Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, a...
Traditional Erie is like a false front on a movie set, with nobody seeing the unfinished rear side...
A forward to the articles in this journal. All the articles manifest concern for the constitutional ...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen a...
This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justificatio...