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Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Akron Law Review
This Article chronicles the Supreme Court’s inconsistent use of an avoidance canon in cases construing the substantive rights limitation of the Rules Enabling Act (Enabling Act or REA). It focuses primarily on the avoidance canon as used in cases under the REA branch of the Erie doctrine but also discusses avoidance in other REA contexts. The Article concludes that a reassessment and refocusing of the avoidance canon in Enabling Act jurisprudence is necessary... This Article explores the purposes and methodology that should guide avoidance in REA cases... I focus, in this Article, primarily on a subset of this group of …
The Fruits Of Shady Grove: Seeing The Forest For The Trees, Glenn S. Koppel
The Fruits Of Shady Grove: Seeing The Forest For The Trees, Glenn S. Koppel
Akron Law Review
Part II will sketch the facts of the case to prepare for an exploration of the roots of Shady Grove in Part III, which traces the evolution of the Court’s Erie jurisprudence. At various points along the way, I will stop to anticipate where one or more of the several opinions in Shady Grove will shed light, in Part IV, on the meaning of Shady Grove