Erie Railroad at 75

Railroad by Shutterstock

Article Highlights

  • Like Cher or Madonna, Erie Railroad v. Tomkins enjoys one-named recognition (among lawyers, in any event)

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  • not all may be well with the legal edifice erected on Erie’s foundation, or perhaps with the foundation itself

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  • in Erie’s large shadow, how far can doctrinesbe revamped without a frontal assault on the citadel itself?

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  • 75 years later, the #Erie Railroad decision appears unassailable and in robust condition

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Erie Railroad v. Tompkins is one of the most pivotal Supreme Court decisions in US constitutional history. Its core holding — that in diversity cases where no federal constitutional or statutory rule applies, federal courts will follow state law — is hornbook teaching. Yet, as a profusion of critical law review articles and books over the past few years demonstrates, much remains to be said about Erie. In recognition of Erie's 75th anniversary, this volume reexamines key components of its decision, doctrine, and implications for contemporary jurisprudence with views and analysis from a variety of first-rate legal scholars.

 

 

 

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Michael S.
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Jeremy A.
Rabkin

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