In praise of Erie, and of the new federal common law

by Henry J. Friendly

Publisher: Association of the Bar of the City of New York in [New York]

Written in English
Published: Pages: 56 Downloads: 984
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TAGERT IN PRINTER (DO NOT DELETE) 9/23/ PM ] TO ERIE OR NOT TO ERIE “unwritten law.”8 Although Erie held that federal courts must apply state common law, the Supreme Court did not examine whether federal . Under the doctrine of Erie Railroad Co. v. Tompkins (), there is no general federal common law. Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal . Discover the challenges and success found in the law of real estate ownership, transfer, and development as REAL ESTATE LAW, 11E brings the day-to-day transactions of today’s real estate . on, put a quietus on federal judicial deployment of a non-statutory armory of federal crimes. 12 See Henry J. Friendly, In Praise of Erie -And of the New Federal Common Law, 39 NYU L Rev (). '3 The second edition addressed litigation directed at the federal .

This book provides procedures, pleadings, and strategies for dealing with common law civil actions in state and federal courts. Subject covered include: History and theory of the common law Natural order and natural rights Public v. Private rights Rules of the common law Common law . The Article provides new insights into several recurring doctrinal puz-zles. For example, it considers how choice of law rules in federal court are a form of federal common law and whether. Klaxon. is an appropriate federal common law rule, which types of state institutions federal . period prior to Erie and today's federal courts). 9 One of Erie's great ironies is that its corporate litigant-Erie Railroad Com-pany-preferred state law over federal common law for that particular case. See infra notes and accompanying text. Generally, the federal common law . Praise of Erie — And of the New Federal Common Law. 3. The opinions he wrote on a wide range of subjects and his extra-curricular writings are his legacy. They will endure to guide the bar and bench for generations. Judge Friendly’s story needed to be told, and I am glad my law .

Third, because, like preemption, Erie measures federal law against state law to sort out conflicting polices and interests, Erie questions must be answered on a state-by-state basis rather than categorically finding a particular type of issue always to be governed by federal (or state) law. Erie appealed. o Under the Federal common law, the railroad had a duty to take care, so Tompkins didn’t have to show that Erie deliberately ran him over o Basically, in the Federal Court, PA common law didn’t apply o Erie unsuccessfully argued that under Judiciary Act 34 (what is now 28 USC ), the Federal . • Comprehensive coverage, including Justiciability, Jurisdiction, Erie & Federal Common Law, Lawsuits Against Governments and Government Officials (Federal and State Sovereign Immunity, Bivens, .

In praise of Erie, and of the new federal common law by Henry J. Friendly Download PDF EPUB FB2

Erie Railroad Co. Tompkins:: U.S. 64 ( In praise of Erie– and of the new federal common law Author: Keith Sullivan Read related entries on Uncategorized, Association of the Bar of the City of New York, Common law, Common law in the United States, Constitutional law, Federal law.

Common and collective state law Individual states, Henry J. Friendly, Law of America, Law of the United States, New York, New. Get this from a library. In praise of Erie-- and of the new federal common law. [Henry J Friendly; Association of the Bar of the City of New York.].

In praise of Erie - and of the new federal common law. / With an introd. by Fifield Workum. Friendly, Henry J. ; Association of the Bar of the City of New York. Henry J. Friendly, In Praise of Erie -- And of the New Federal Common Law, 39 N.Y.U.

Rev. () Pretty much what the title sounds like. Not directly useful, but some passages are interesting, for the usual reason, that they indicate some understanding of federalism limits on federal. Firefox Send is a new option that also works well.

[Book] Ansel's Pharmaceutical Dosage Forms and Drug Delivery Systems by Loyd V Allen, Jr. Found [Article] In Praise of Erie—And of the New Federal Common Law.

tional limitation") with Friendly, In Praise of Erie -And of the New Federal Common Law, 39 N.Y.U.L. Ray. ,' () ("the constitutional ground taken in Erie. in an act of Congress. This "specialized" federal common law, un-like Swift-ian general federal common law, has the force of federal law within the meaning of the Supremacy Clause.7 When we refer to "Erie.

Praise of Erie-And of the New Federal Common Law, in BENCHMARKS, n (). Sharp who wrote some years later that Crosskey had written "the greatest law book produced by any law. 2 See Friendly, In Praise of Erie -And of the New Federal Common Law, 19 REcoa or 64 ().

3 17 C.F.R. § b-5 (). 4 For a partial bibliography see A. BROmBERG, SEcurrMEs LAw. Praise of Erie-and of the New Federal Common Law. 19 RECORD OF N.Y.C.B.A. 64 (). 2 See Justice Harlan's dissent in Wesberry, supra note 1.

That such debate over ancient his- tory and of the new federal common law book be. because of a difference between the federal common law and the state law.x" Erie ended this injustice by replacing the federal common law with the state cited therein. Contra, Friendly, In Praise of Erie-And of the New Federal Common Law, 39 N.Y.U.L.

REV.(); Hill, The Erie. () A Theory of Federal Common Law courts have broad powers to make federal common law, then the power re-fused to federal courts in Erie pales in comparison to the power retained by federal (and state) courts to establish federal rules of decision.

Reconciling Erie and federal common law. **Abridged Erie** In diversity cases in federal court, the court must apply federal procedural law but state substantive law, including state-created common law mostly.

(Erie and RDA) Analysis tracks State law vs. federal. The Irrepressible Myth of Erie, 87 HARv. REv. (); Friendly, In Praise of Erie and of the New Federal Common Law, 39 N.Y.U.

REv. (); Mishkin, Some Further Last Words on Erie. vant; to find new constitutional propositions consistent with the past but. 1 Stat. 73 ().

Friendly, It Praise of Erie-and of the New Federal Common Law, 39 N.Y. U.L. REv. Prior to Erie, federal courts applied state statutory law, but did not feel bound to apply state common law rules in areas of general law, such as torts and contracts.

Instead, federal courts created their own common law. Henry J. Friendly, In Praise of Erie - And of the New Federal Common Law,' 39 N.Y.U. REV. HART & WECHSLER, THE FEDERAL COURTS AND THE FEDERAL SYSTEM.

For a discussion regarding the importance of Erie, see Henry J. Friendly, In Praise of Erie-And of the New Federal Common Law, 39 N.Y.U. L Rev. A number of aspects of the Court decision in Erie have been criticized. See, e.g., John H. Ely, The Irrepressible Myth of Erie. Praise of Erie-and of the New Federal Common Law," for before and after it was published I had cases involving federal common law.

That article unfuddled more befuddled judges than any law review ar. Although greatly and importantly qualified by “new” strands of federal common law, Erie, unlike other Supreme Court decisions of like consequence, has avoided serious challenges to its.

In common law, the title Justice given in England to the judges of the king's bench and the common pleas, and in America to the judges of the Supreme Court of the United States and of the appellate. Tyson: Uniformity of Judge-Made State Law in State and Federal Courts () 4 ; Brown, The Jurisdiction of the Federal Courts Based on Diversity of Citizenship () 78 U.

of; J. Parker, The Federal. Henry J. Friendly, In Praise of Erie - and of the New Federal Common Law, 39 N.Y.U. REv.().

In Banco Nacional de Cuba v. Sabbatino, U.S.(), the Court referred to the D'Oench case as involving the judicial protection of a "uniquely federal interest. the ultimate statement of which is derived from a federal. 7. Hillman, J. McDonnell & S. Nickles, Common Law and Equity under the Uniform Commercial Code ().

Friendly, In Praise of Erie -- and of The New Federal Common Law. Erie, there was indeed federal general common law; there was a lot of it. Every federal court in the country had applied federal general common law, and hundreds of cases each year had relied upon such law for nearly a century.

Modern assertions that then-operative “law” was “not law” seem to evaluate pre-Erie. Michael T. Morley, The Federal Equity Power (March 1, ), available at E.

PfanderMichael Morley has many skills we admire in a scholar: he is doggedly productive; he has an easy command of the established authorities; and he typically identifies sources that shed new. (26) In Praise of Erie--And of the New Federal Common Law, (27) Friendly's lecture, which was subsequently published as an article by the New York University Law Review, is one of the.

Then it went to the Supreme Court (The Lord High Court of Admiralty) by Certiorari, and the case was reversed because they were applying was the Federal Common Law and not the English Common Law. Federal Common Law is Admiralty Maritime Law. Aug – Social Security was passed.

Three years before the Erie. OCLC Number: Description: 2 volumes 23 cm: Contents: Volume 1. The influence of Judge Cardozo on the common law / Irving Lehman --Reason and fiat in case law / Lon L.

Fuller --The personality of the judge / Bernard L. Shientag --Full faith and credit / Robert H. Jackson --State law in federal. Wechsler also anticipated Friendly’s famous paper, In Praise of Erie—And of the New Federal Common Law and the future course of decisional law by arguing that all such federal judge-made law.

Mellon, U. S.(), and sometimes making the applicable law, see Friendly, In Praise of Erie—and of the New Federal Common Law, 39 N. Y. U. L. Rev. (). .This up to date (5th Edition) and excellent survey book by Jay M. Feinman is a 'must read' for new readers about our legal system, such as pre-law, or law enforcement students, which could help them develop a solid understanding the basic framework of our American system of law Reviews: