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- Erie Railroad v. Tompkins (304 U.S. 64 (1938)) (8)
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Articles 1 - 10 of 10
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. …
Parens Patriae: A Flawed Strategy For State-Initiated Obesity Litigation, John B. Hoke
Parens Patriae: A Flawed Strategy For State-Initiated Obesity Litigation, John B. Hoke
William & Mary Law Review
No abstract provided.
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
William & Mary Law Review
Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.
Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …
Can Erie Survive As Federal Common Law?, Craig Green
Can Erie Survive As Federal Common Law?, Craig Green
William & Mary Law Review
No abstract provided.
Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt
Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt
William & Mary Law Review
No abstract provided.
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
William & Mary Law Review
No abstract provided.
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
William & Mary Law Review
No abstract provided.
A Critical Guide To Erie Railroad Co. V. Tompkins, Caleb Nelson
A Critical Guide To Erie Railroad Co. V. Tompkins, Caleb Nelson
William & Mary Law Review
No abstract provided.
The Federal Common Law Of Statutory Interpretation: Erie For The Age Of Statutes, Abbe R. Gluck
The Federal Common Law Of Statutory Interpretation: Erie For The Age Of Statutes, Abbe R. Gluck
William & Mary Law Review
No abstract provided.
Law's Dark Matter, Michael S. Green