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Full-Text Articles in Law

The Twin Aims Of Erie, Michael S. Green Apr 2013

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 Apr 2013

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 Apr 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

Law's Dark Matter, Michael S. Green

William & Mary Law Review

No abstract provided.