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The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
Faculty Scholarship
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Preemption At Sea, Ernest A. Young
Preemption At Sea, Ernest A. Young
Faculty Scholarship
Although Erie Railroad v. Tompkins put an end to the "general federal common law," a form of general common law lives on in admiralty. The interaction of that law with state regulatory authority in maritime cases has given rise to one of the thorniest questions in federal courts law -- the problem of maritime preemption. Because admiralty law remains largely a "brooding omnipresence over the sea," maritime preemption affords a unique opportunity to explore the implications of both pre- and post-Erie approaches to judge-made law for our modern system of federalism. In this article, Professor Young proposes that the present …