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Pace Law Faculty Publications

1990

Conflict of Laws

Articles 1 - 1 of 1

Full-Text Articles in Law

Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg Jan 1990

Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg

Pace Law Faculty Publications

The New Erie doctrine, however, has become a doctrine of convenience, inconsistently applied by conservative and liberal Justices alike. It is the antithesis of a “neutral principle” of constitutional adjudication. To use Justice Jackson's term, the federal laws are not the “juridical chameleons”--the Justices are. Part II of this Article discusses the old and the New Erie doctrines as articulated by the United States Supreme Court. Part III demonstrates the difficulty of limiting the New Erie doctrine to the single area of implied rights of action and shows how the broad brush with which the doctrine's proponents ...