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Full-Text Articles in Law
The Twin Aims Of Erie, Michael S. Green
The Twin Aims Of Erie, Michael S. Green
Faculty Publications
We all remember the twin aims of the Erie rule from first-year civil procedure. A federal court sitting in diversity must use forum state law if it is necessary to avoid 'forum shopping" and the "inequitable administration of the laws." This Article offers a reading of the twin aims and a systematic analysis of their proper role in federal and state court. I argue that the twin aims apply in diversity cases not because they protect state interests, but because they serve the federal purposes standing behind the diversity statute. So understood, they are about separation of powers, not federalism. …
Setting The Statute Of Limitations In United States V. Home Concrete & Supply, Llc, 132 S. Ct. 1836 (2012), Joan I. Oppenheimer
Setting The Statute Of Limitations In United States V. Home Concrete & Supply, Llc, 132 S. Ct. 1836 (2012), Joan I. Oppenheimer
William & Mary Annual Tax Conference
No abstract provided.
Statute Of Limitations For Overstatements Of Basis, Richard T. Rice
Statute Of Limitations For Overstatements Of Basis, Richard T. Rice
William & Mary Annual Tax Conference
No abstract provided.
The Failure Of Bowles V. Russell, Scott Dodson
The Failure Of Bowles V. Russell, Scott Dodson
Faculty Publications
The Supreme Court recently decided Bowles v. Russell—perhaps that Term’s most underrated case—which characterized the time to file a civil notice of appeal as jurisdictional and therefore not subject to equitable excuses for noncompliance. In so holding, the Court overstated the supporting precedent, inflated the jurisdictional importance of statutes, and undermined an important recent movement to clarify when a rule is jurisdictional and when it is not. This did not have to be. The Court missed a golden opportunity to chart a middle course—holding the rule mandatory but nonjurisdictional—that would have been more consistent with precedent while resolving the …