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Full-Text Articles in Law
Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young
Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young
Faculty Scholarship
No abstract provided.
A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young
A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young
Faculty Scholarship
Erie Railroad Co. v. Tompkins was the most important federalism decision of the Twentieth Century. Justice Brandeis’s opinion for the Court stated unequivocally that “[e]xcept in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. . . . There is no federal general common law.” Seventy-five years later, however, Erie finds itself under siege. Critics have claimed that it is “bereft of serious intellectual or constitutional support” (Michael Greve), based on a “myth” that must be “repressed” (Craig Green), and even “the worst decision …
A Research Agenda For Uncooperative Federalists, Ernest A. Young
A Research Agenda For Uncooperative Federalists, Ernest A. Young
Faculty Scholarship
No abstract provided.