Before Lochner--Diversity Jurisdiction and the Development of General Constitutional Law
MG Collins - Tul. L. Rev., 1999 - HeinOnline
The impact of Swift v. Tyson'on the federal courts' development of nonfederal general
common law in private-law litigation is a familiar story. Under its influence, federal courts …
common law in private-law litigation is a familiar story. Under its influence, federal courts …
Toward Federalizing Choice of Law
DT Trautman - Tex. L. Rev., 1991 - HeinOnline
1." The questions are essentially federal, in the sense that they involve... more than one
state." Henry M. Hart, Jr., The Relations Between State and Federal Law, 54 COLUM. L …
state." Henry M. Hart, Jr., The Relations Between State and Federal Law, 54 COLUM. L …
Origins of Diversity Jurisdiction, The Rise of Legal Positivism, and a Brave New World for Erie and Klaxon
PJ Borchers - Tex. L. Rev., 1993 - HeinOnline
Although it is said that the historical justification for federal diversity jurisdiction1 is obscure2-
and this is undoubtedly true-the consensus is that diversity has existed and exists to provide …
and this is undoubtedly true-the consensus is that diversity has existed and exists to provide …
The Federal Courts and the Nature and Quality of State Law
JS Wright - Wayne L. Rev., 1966 - HeinOnline
ONE major American legal institution in effect encompasses both federal courts and state
law and defines their relation. That institution, of course, is the diversity jurisdiction of the …
law and defines their relation. That institution, of course, is the diversity jurisdiction of the …
Diversity Jurisdiction: Scapegoat of Overcrowded Federal Courts
AJ Marsh - Brook. L. Rev., 1981 - HeinOnline
BROOKLYN LAW REVIEW Page 1 BROOKLYN LAW REVIEW Volume 48 Winter 1982 Number
2 DIVERSITY JURISDICTION: SCAPEGOAT OF OVERCROWDED FEDERAL COURTS …
2 DIVERSITY JURISDICTION: SCAPEGOAT OF OVERCROWDED FEDERAL COURTS …
State Procedural Law in Federal Nondiversity Litigation
A Hill - Harvard Law Review, 1955 - JSTOR
S INCE the advent of Erie RR v. Tompkins I and its progeny there has been a tendency to
divide cases in the federal courts into two categories: those in which federal jurisdiction …
divide cases in the federal courts into two categories: those in which federal jurisdiction …
A Federal Judge Views Diversity Jurisdiction Through the Lens of Federalism
DK Sloviter - Virginia Law Review, 1992 - JSTOR
I can think of no area where the state and federal judicial systems intersect that has a more
extensive and widespread impact on both systems than that of the maintenance of state law …
extensive and widespread impact on both systems than that of the maintenance of state law …
Judicial v. Congressional Federalism: The Implications of the New Federalism Decisions on Mass Tort Cases and Other Complex Litigation
G Vairo - Loy. LAL Rev., 1999 - HeinOnline
In a remarkable series of cases, the United States Supreme Court has redefined the
relationship of the federal government to the states. 3 As a proceduralist, 4 I undertake …
relationship of the federal government to the states. 3 As a proceduralist, 4 I undertake …
Proposals on Federal Diversity Jurisdiction
RH Field - SCL Rev., 1965 - HeinOnline
My purpose is primarily one of exposition of the American Law Institute's proposed changes
in federal diversity jurisdiction, 1 Knowing, however, that my good friend, Mr. John P. Frank …
in federal diversity jurisdiction, 1 Knowing, however, that my good friend, Mr. John P. Frank …
Diversity Jurisdiction--An Idea Whose Time Has Passed
HC Bratton - Ind. LJ, 1975 - HeinOnline
With these few words the Constitution sets forth the foundation for the diveristy jurisdiction
first conferred upon the federal courts by the Judiciary Act of 1789. These same words have …
first conferred upon the federal courts by the Judiciary Act of 1789. These same words have …