Erie's International Effect

19 Pages Posted: 24 Jul 2013  

Michael S Green

William & Mary Law School

Date Written: July 23, 2013

Abstract

To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, 105 NW. U. L. Rev. 1531 (2011), Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or perhaps always) ignore Klaxon Co. v. Stentor Electric Manufacturing Co. and use federal choice of law rules rather than the rules of the state where the federal court is located.

In this Essay, I have three points to make in response. The first is that Childress’s article, even if successful, leaves the bulk of the Erie doctrine unchanged in an international context. His arguments are directed solely to Klaxon and choice of law. The second point is that most of his arguments fail to give us a reason to question Klaxon’s applicability in an international context. The only argument that has any success is based on the idea that the choice between state and foreign law implicates federal interests in foreign relations. The third point is that even this argument has only very limited success. Federal interests in foreign relations will rarely override Klaxon’s command.

Keywords: Erie doctrine, choice of law, Klaxon, forum non conveniens, foreign law

Suggested Citation

Green, Michael S, Erie's International Effect (July 23, 2013). Northwestern University Law Review, Vol. 107, No. 3, 2013; William & Mary Law School Research Paper No. 09-246. Available at SSRN: https://ssrn.com/abstract=2297568

Michael S Green (Contact Author)

William & Mary Law School ( email )

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P.O. Box 8795
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(757) 221-7746 (Phone)

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