Do the Erie Doctrine and its" reverse-Erie" mirror require state and federal courts to apply
one another's statutory interpretation methodologies when they interpret one another's …

Justices William Brennan and Thurgood Marshall famously persisted in dissenting from all
Supreme Court dispositions inconsistent with their belief that the death penalty is per se …

This Article considers whether differences in methods of judicial selection should influence
how judges approach statutory interpretation. Courts and scholars have not given this …

Acquisition agreements are peppered with various provisions designed to mitigate, allocate,
or address the ramifications of deal risk. 1 The potential for deal risk is particularly …

Enterprise Institute's series of mini-conferences on the 75th anniversary of Erie. I am grateful
to Michael Greve and the AEl for the invitation to participate; to Jonathan Harrison for his …

As with the federal Constitution, state systems of separation of powers occasionally give rise
to questions about the propriety of judicial resolution of certain issues. The resulting political …

Federal arbitration law is likely the most transformative development in contract law since
the Restatement Second and Article 2 of the Uniform Commercial Code (" UCC") were …

Tort law is perpetually in flux. At any given moment, some doctrinal innovations are still
coalescing, others are finding their first few takers, and still others are well along in the …

Certification is the process whereby federal courts, confronted by an open question of state
law in federal litigation, ask the relevant state high court to decide the state law question. If …

While exercising diversity or supplemental jurisdiction, federal courts often confront cases
where the applicable state law is unclear. Certification procedures provide federal courts …