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 …
the federal court must divine how the state's high court would decide the state law question …
State Courts Unbound
FM Bloom - Cornell L. Rev., 2007 - HeinOnline
State courts live by simple rules. One rule holds that state courts may adjudicate federal
questions-or most of them, at least. 1 Another rule permits state courts to play a pivotal role …
questions-or most of them, at least. 1 Another rule permits state courts to play a pivotal role …
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 …
state law. But the precise content of the state law at issue is not always clear. Sometimes …
General Law in Federal Court
AJ Bellia Jr, BR Clark - Wm. & Mary L. Rev., 2012 - HeinOnline
Conventional wisdom maintains that the Supreme Court banished general law from federal
court in 1938. In Erie Railroad Co. v. Tompkins, the Court famously declared that"[t] here is …
court in 1938. In Erie Railroad Co. v. Tompkins, the Court famously declared that"[t] here is …
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 …
of state law. But no federal court has the capacity definitively to resolve questions of state …
Certification of Questions of State Law: An Impractical Tool in the Hands of the Federal Courts
B Mattis - U. Miami L. Rev., 1968 - HeinOnline
In Clay v. Sun Insurance Office, Ltd} Justice Frankfurter credited the Florida Legislature with"
rare foresight" in dealing with" the problem of authoritatively determining unresolved state …
rare foresight" in dealing with" the problem of authoritatively determining unresolved state …
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 …
apply state law under the Rules of Decision Act1 as construed in Erie Railroad Co. v …
The case or controversy requirement in state court adjudication of federal questions
WA Fletcher - Calif. L. Rev., 1990 - HeinOnline
In this Article, Professor Fletcher proposes that state courts adjudicating questions of federal
law be required to adhere to the federal Constitution's article III" case or controversy" …
law be required to adhere to the federal Constitution's article III" case or controversy" …
But Answer Came There None: The Michigan Supreme Court and the Certified Question of State Law
MB Schneider - Wayne L. Rev., 1994 - HeinOnline
CERTIFIED QUESTION OF STATE LAW Page 1 "BUT ANSWER CAME THERE NONE"t: THE
MICHIGAN SUPREME COURT AND THE CERTIFIED QUESTION OF STATE LAW M Bryan …
MICHIGAN SUPREME COURT AND THE CERTIFIED QUESTION OF STATE LAW M Bryan …
Four Half-Truths About State Constitutional Law
B Latzer - Temple L. Rev., 1992 - HeinOnline
A number of half-truths are becoming associated with the New Judicial Federalism, which
may be defined as the trend among state courts to rely upon state law, especially state …
may be defined as the trend among state courts to rely upon state law, especially state …