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Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger
Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger
Indiana Law Journal
The Supreme Court has developed a standard account of the Erie doctrine. The Court has directed different analyses of Erie cases depending upon whether the federal law in question is in the form of a federal rule (or statute) or is instead a judge-made law. But the cases applying the doctrine are difficult to explain using the standard account. Although the Court and commentators have noted that Erie is a type of preemption, they provide little, if any, rigorous analysis of Erie in light of preemption doctrines. This Article attempts to fill that void, offering an extended analysis of Erie …
Symposium: Erie Under Advisement: The Doctrine After Shady Grove; Forward: Erie's Gift, Jay Tidmarsh
Symposium: Erie Under Advisement: The Doctrine After Shady Grove; Forward: Erie's Gift, Jay Tidmarsh
Akron Law Review
A forward to the articles in this journal. All the articles manifest concern for the constitutional and structural concerns that animated Erie and its procedural progeny. Several articles, especially those by Professors Doernberg, Koppel, and Stempel examine the jurisprudential commitments underlying the Erie doctrine in general and the various opinions in Shady Grove in particular. Professors Genetin and Friedenthal examine the difficulties of, respectively, statutory and rule interpretation in the Erie context. Professor Koppel emphasizes the value of procedural uniformity. Professor Doernberg evaluates the relationship between the procedural Erie doctrine and concerns for federalism. Mr. Gaber brings some realpolitik to …
The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum
The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum
University of Arkansas at Little Rock Law Review
No abstract provided.
Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa
Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.