The Twin Aims of Erie

Green, Michael Steven

Journal: Notre Dame Law Review

Volume: 88

First Page: 1865

Year: 2013

Bluebook Citation: 88 NOTRE DAME L. REV. 1865 (2013)

Author: Michael Steven Green: all 19 publications


Abstract

The article presents justification of the twin aims in diversity cases and systematic analysis of its role in federal and state court. It informs that twin aim protects state interests with separation of powers in which state law is incorporated into federal procedural common law in order to serve federal interests. In the U.S. Supreme Court case Erie Railroad Co. v. Tompkins, the Court held that federal courts can not create federal common law under diversity jurisdiction.

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