This flowchart was based on ideas from Glannon‘s Examples & Explanations. He provides wonderful analysis of “Easy Erie” and “Eerie Erie,” which I recommend to you highly. ERIE – FLOWCHART Determine the applicable state Law. That law might be: Substantive, such as a duty of care. Procedural, such as a method of serving process. Some murky middle ground, such as a statute of […]
Pre-Hanna cases Read these notes on two important pre-Hanna cases. Note how they struggle with the substance-procedure divide. Further note that neither case is like Erie because neither involves general federal common law, i.e., substantive law. Instead, each of these two cases involve judge-made procedural law, or “federal judicial practice,” which may conflict with state procedural law. A federal […]
Erie/REA flowchart Erie/REA Coggle flowchart Study questions Study questions on the RDA, Swift, Erie, and Erie predictions Handout on Guaranty Trust and Byrd, along with study questions on the REA, Hanna and Walker Study questions on Shady Grove Handouts, charts, and diagrams How things changed: substance & procedure, before and after Erie What bothered Brandeis in Erie: how do noncitizens […]
The Rules of Decision Act Read the text of 28 U.S.C. 1652. This statute is known as the Rules of Decision Act (“RDA”). Its predecessor is section 34 of the Judiciary Act of 1789. Courts will often still refer to it as Section 34. Do not confuse the RDA (Rules of Decision Act) with the REA […]
