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Article
Foreward: Erie's Gift
Journal Articles
  • Jay Tidmarsh, Notre Dame Law School
Document Type
Article
Publication Date
1-1-2011
Disciplines
Publication Information
44 Akron L. Rev
Abstract

Sometimes described as "one of the modem cornerstones of our federalism," Erie stands at its narrowest for a simple proposition: When a federal court decides a claim whose source is state law, the court must apply the same substantive common-law rules that a state court would apply to the claim. Dictated by statute, by policy, and by the Constitution, this result seems "superbly right" to many. Indeed, Erie's narrow holding is not controversial today.

Citation Information
Jay Tidmarsh. "Foreward: Erie's Gift" (2011)
Available at: http://works.bepress.com/jay_tidmarsh/64/