Abstract

http://ssrn.com/abstract=1396367
 


 



Federal Common Law and the Erie-Byrd Rule


Richard W. Bourne


University of Baltimore School of Law

Spring 1983

University of Baltimore Law Review, Vol. 12, No. 3, 1983

Abstract:     
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, K49

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Date posted: May 8, 2009  

Suggested Citation

Bourne, Richard W., Federal Common Law and the Erie-Byrd Rule (Spring 1983). University of Baltimore Law Review, Vol. 12, No. 3, 1983. Available at SSRN: http://ssrn.com/abstract=1396367

Contact Information

Richard W. Bourne (Contact Author)
University of Baltimore School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21201
United States
410-837-4508 (Phone)
410-837-4560 (Fax)
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