Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Civil Procedure

Washington and Lee University School of Law

Federal Rules of Civil Procedure

Articles 1 - 3 of 3

Full-Text Articles in Law

Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell Jan 2014

Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell

Scholarly Articles

The Erie doctrine is still a minefield. It has long been a source of frustration for scholars and students, and recent case law has exacerbated the troubles. Although other scholars have noted and criticized these developments, this Article explores a deeper systemic problem that remains undeveloped in the literature. In its present form, the Erie doctrine fails to protect any coherent vision of the structural interests that supposedly are at its core—federalism, separation of powers, and equality.

This Article argues that Congress has the power to fix nearly all of these problems. Accordingly, it proposes a novel statute to revamp …


Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman Jul 1994

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

Not available.


Schiavone V. Fortune, Lewis F. Powell Jr Oct 1985

Schiavone V. Fortune, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.