Law Commons^™

Normalizing "Erie", Suzanna Sherry

Vanderbilt Law Review

This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines-such as the dormant commerce clause, implied preemption, federal preclusion law, and certain special "enclaves" of federal common law courts will displace state law to protect federal interests even when neither Congress nor the Constitution clearly articulates those interests. But under the Eric doctrine, the Supreme Court has mandated exactly the opposite approach: state law trumps federal interests unless those interests have been legislatively codified. This striking anomaly has not been noticed, in part because the voluminous …

State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.

Vanderbilt Law Review

In the debate over how federal courts should interpret federal statutes, "faithful agent" theories stand pitted against "dynamic" theories of statutory interpretation. The following questions lie at the heart of the debate: Is the proper role of federal courts to strive to implement the commands of the legislature-in other words, to act as Congress's faithful agents? Or, is the proper role of federal courts to act as partners with Congress in the forward-looking making of federal law-in other words, to interpret statutes dynamically? Proponents of faithful agent theories include both "textualists" and "purposivists." Textualists have argued that federal courts best …

Understanding Federalism, Larry Kramer

Vanderbilt Law Review

It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to accomplish …

Book Notes, Law Review Staff

Vanderbilt Law Review

Book Notes --

The Strength of Government--By McGeorge Bundy Cambridge:Harvard University Press, 1968. Pp. xii, 107. $3.75.

Towards a Global Federalism-- By William 0. Douglas. New York: New York University Press, 1968. Pp. xi, 177, $7.95.

Democracy, Dissent, and Disorder: The Issues and the Law-- By Robert F. Drinan New York: The Seabury Press, 1969. Pp. 152,$4.95.

The End of Obscenity: The Trials of Lady Chatterly, Tropic of Cancer, and Fanny Hill --By Charles Rembar New York: Random House, Inc., 1968. Pp. xii, 528. $8.95.

Justice on Trial-- By A.L. Todd Chicago: The University of Chicago Press, 1964. Pp. ix, …