The Erie Doctrine: A Flowchart

Akron Law Review, Vol. 52, 215-57, 2019

William & Mary Law School Research Paper No. 09-396

45 Pages Posted: 23 May 2019 Last revised: 13 Nov 2023

Date Written: May 10, 2019

Abstract

The following is a complete flowchart for Erie problems. Although it differs from past efforts in many respects, perhaps the most important difference is that it accommodates all the jurisdictional contexts in which Erie problems can arise in federal court, not just diversity jurisdiction. My hope is that this flowchart will help demystify Erie, by showing that Erie problems are, by and large, standard choice-of-law problems, much like those faced by state courts.

Keywords: Erie Doctrine, Choice of Law, Federal Procedure, Diversity Jurisdiction, Supplemental Juisdiction, Bankruptcy, Federal Rules of Civil Procedure

Suggested Citation

Green, Michael S., The Erie Doctrine: A Flowchart (May 10, 2019). Akron Law Review, Vol. 52, 215-57, 2019, William & Mary Law School Research Paper No. 09-396 , Available at SSRN: https://ssrn.com/abstract=3386386

Michael S. Green (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
(757) 221-7746 (Phone)

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