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Legal History

1993

State and Local Government Law

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The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown Mar 1993

The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment of federal-state private law forum shopping and state-state private law forum shopping. Professor Brown notes that the Court has been explicit in its condemnation of federal-state forum shopping, but apparently accepts, and even encourages, state-state private law forum shopping. This is strange behavior from a conservative Court, since forum shopping threatens traditional conservative values such as the desire to curtail the proliferation of lawsuits and a general pro-defendant stance. Furthermore, Erie Railroad Co. v. Tompkins clearly rejected forum shopping. Professor Brown reconciles these seemingly ...