who here can do the best fast erie doctrine analysis
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Date: August 24th, 2017 1:08 AM Author: Thriller Stage
fuckin i don't know man like there's generally no federal common law that descended from the sky, so on matters of substantive law, unless there's a federal statute/reg on point federal courts apply state law (incl. state common law)
if it's procedural you apply FRCP
good luck drawing the line as to what's substantive v what's procedural
edit: i'm only half jewish so take this with a grain of salt
and this is more than you need to know right now, but Erie doesn't mean FCL is totally dead. Fed cts actually are expected to create some FCL to flesh out/effectuate fed statutes
(http://www.autoadmit.com/thread.php?thread_id=3710215&forum_id=2#34057504) |
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