The Irrepressible Influence of Byrd
19 Pages Posted: 12 Dec 2010
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.
Keywords: Federal Courts, Erie, Choice of Law, Federalism
JEL Classification: K10, K40, K41
Suggested Citation: Suggested Citation
Freer, Richard D. and Arthur, Thomas C., The Irrepressible Influence of Byrd. Creighton Law Review, Forthcoming, Emory Law and Economics Research Paper No. 10-91, Available at SSRN: https://ssrn.com/abstract=1722621
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