Resuscitating Deference to Lower Federal Court Judges' Interpretations of State Law

JR Nash - S. Cal. L. Rev., 2003 - HeinOnline
Federal courts are often called upon to resolve cases that turn upon the proper interpretation
of state law. But no federal court has the capacity definitively to resolve questions of state …

Deference to Federal Circuit Court Interpretations of Unsettled State Law: Factors, Etc., Inc. v. Pro Arts, Inc.

CA Hoover - Duke LJ, 1982 - HeinOnline
Federal courts have long been presented with cases in which they must ascertain and apply
state law. This situation most often arises when the courts exercise diversity jurisdiction to …

To Defer or Not to Defer: A Study of Federal Circuit Court Deference to District Court Rulings on State Law

DT Coenen - Minn. L. Rev., 1988 - HeinOnline
Federal courts of appeals often grant special deference to district court rulings on matters of
state law. 2 This practice is important. 3 It is also ill-conceived. This Article explores this" rule …

Examining the Power of Federal Courts to Certify Questions of State Law

JR Nash - Cornell L. Rev., 2002 - HeinOnline
A federal court is frequently called upon to determine matters of state law. In such situations,
the federal court must divine how the state's high court would decide the state law question …

Derailing the Deference Lockstep

A Saiger - BUL Rev., 2022 - HeinOnline
Key voices, most prominently that of Justice Neil Gorsuch, have embraced the position that
the Chevron doctrine, under which federal courts defer to an agency's reasonable …

Choosing and Declaring State Law: Deference to State Courts Versus Federal Responsibility

MH Cardozo - Nw. UL REv., 1960 - HeinOnline
There are certain important areas of the law that are only occasionally involved in actions
before that august court. On the rare occasions when-these areas do appear there, the …

Gazing into the Crystal Ball: Reflections on the Standards State Judges Should Use to Ascertain Federal Law

DH Zeigler - Wm. & Mary L. Rev., 1998 - HeinOnline
Federal and state courts routinely interpret and apply each other's law. Federal courts must
apply state law under the Rules of Decision Act1 as construed in Erie Railroad Co. v …

Judging Judging: The Problem of Second-Guessing State Judges' Interpretation of State Law in Bush v. Gore

HJ Krent - Fla. St. UL Rev., 2001 - HeinOnline
That the election for President in 2000 was decided by a court surprised everyone. That the
election was decided by a federal court was even more surprising. But, the fact that three …

The Role of Lower State Courts in Adapting State Law to Changed Federal Interpretations

B Ledewitz - Temple L. Rev., 1994 - HeinOnline
It is by now well accepted that when the United States Supreme Court changes its view on
an issue, state supreme courts' are generally free to retain the surpassed federal rule as a …

Making State Law in Federal Court

BC Glassman - Gonz. L. Rev., 2005 - HeinOnline
Disputes litigated in federal court frequently must be decided at least in part according to
state law. But the precise content of the state law at issue is not always clear. Sometimes …