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Full-Text Articles in Law

A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young Jan 2013

A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young

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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 Jan 2013

A Research Agenda For Uncooperative Federalists, Ernest A. Young

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No abstract provided.


Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young Jan 2013

Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young

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No abstract provided.


Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington Jan 2013

Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington

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No abstract provided.