Federal Common Law and the Erie-Byrd Rule
Richard W. Bourne
University of Baltimore School of Law
University of Baltimore Law Review, Vol. 12, No. 3, 1983
From their first year in law school through their careers, attorneys have been mystified by the twists and turns of the Erie doctrine and the seemingly incompatible unfolding of what Judge Friendly labeled the "new federal common law." The author attempts a fresh reconciliation through a review of both bodies of law. He concludes that in areas not directly covered by either the Constitution or federal statutes, federal courts are authorized to resolve conflicts between federal and state rules through application of a federal procedural common law in much the same way that they have worked to resolve conflicts with state policy in areas of federal substantive concern.
Number of Pages in PDF File: 69
Keywords: Erie doctrine, Erie-Byrd rule,
JEL Classification: K40, K49Accepted Paper Series
Date posted: May 8, 2009
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