Illuminating Shady Grove: A General Approach to Resolving Erie Problems
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Authors
Oakley, John B.
Issue Date
2011
Volume
44
Issue
Type
Journal Article
Language
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Abstract
FIRST PARAGRAPH(S)|I concur in the judgment of the Court but write separately because I cannot fully subscribe to either of the learned opinions written in support of that judgment by Justice Scalia and Justice Stevens, and because I wish to highlight my disagreement with the misbegotten precedent of Gasperini v. Center for Humanities, Inc. upon which Justice Ginsburg and her fellow dissenters principally rely.|In Erie Railroad Co. v. Tompkins this Court repudiated both the holding and jurisprudential assumptions of Swift v. Tyson. Erie was a remarkable case in many respects. Swift had held sway for nearly a century. Neither party to Erie had challenged its authority as opposed to its application in the case then before the Court. And this precedent-shattering decision went virtually unnoticed until Chief Justice Stone prodded the legal editor of the New York Times...
Description
Citation
44 Creighton L. Rev. 79 (2010-2011)
Publisher
Creighton University School of Law