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- Title
Procedure, Substance, and Erie.
- Authors
Tidmarsh, Jay
- Abstract
The article focuses on the proposition of a principle explaining the results of the Enabling Act and procedural Erie cases in the U.S. Supreme Court. It avoids the efficiency-based or rights-based arguments with discussions on procedure. It investigates the tests used in identifying when the federal courts should apply a state-based rule. It also assumes that the Act and the Erie cases are good as they reflect the proper rulemaking authority allocation between the state and the federal systems.
- Subjects
UNITED States; ADMINISTRATIVE procedure; LEGAL procedure; ACTIONS &; defenses (Law); FEDERAL courts; FEDERAL court decisions; UNITED States. Supreme Court
- Publication
Vanderbilt Law Review, 2011, Vol 64, Issue 3, p877
- ISSN
0042-2533
- Publication type
Article