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The Irrepressible Influence of ByrdRichard D. FreerEmory University School of Law Thomas C. ArthurEmory University School of Law Creighton Law Review, Forthcoming Emory Law and Economics Research Paper No. 10-91 Abstract: This piece will appear in a symposium on the Shady Grove case in the Creighton Law Review. In it, we argue that the 1958 case of Byrd v. Blue Ridge Electrical Cooperative provides the fullest explication of the principles underlying vertical choice of law. We conclude that although the Supreme Court has rarely given Byrd its due, the separate opinions in Shady Grove reflect its influence.
Number of Pages in PDF File: 19 Keywords: Federal Courts, Erie, Choice of Law, Federalism JEL Classification: K10, K40, K41 Accepted Paper SeriesDate posted: December 12, 2010Suggested CitationContact Information
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