“In Praise of Erie—and of the New Federal Common Law”
E550212
“In Praise of Erie—and of the New Federal Common Law” is a highly influential legal essay by Judge Henry J. Friendly that analyzes and defends the Supreme Court’s Erie doctrine while exploring the contours of modern federal common law.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| In Praise of Erie—and of the New Federal Common Law | 0 |
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
law review article
ⓘ
legal essay ⓘ |
| analyzes | Erie Railroad Co. v. Tompkins NERFINISHED ⓘ |
| argues |
Erie doctrine is fundamentally sound
NERFINISHED
ⓘ
federal common law should be confined to special federal interests ⓘ federal courts retain limited power to create common law ⓘ |
| author |
Henry J. Friendly
NERFINISHED
ⓘ
Judge Henry J. Friendly NERFINISHED ⓘ |
| citedBy |
casebooks on federal courts
ⓘ
federal judges ⓘ legal scholars ⓘ |
| countryOfOrigin |
United States of America
ⓘ
surface form:
United States
|
| critiques | pre-Erie federal general common law ⓘ |
| defends | Erie doctrine NERFINISHED ⓘ |
| describedAs | highly influential legal essay ⓘ |
| discusses |
constitutional constraints on federal common law
ⓘ
role of federal courts in a federal system ⓘ sources of federal law ⓘ tension between uniformity and federalism ⓘ |
| explores |
areas where federal common law is appropriate
ⓘ
contours of modern federal common law ⓘ limits on federal judicial lawmaking ⓘ |
| field |
civil procedure
ⓘ
federal courts ⓘ judicial process ⓘ law ⓘ |
| focusesOn |
United States Supreme Court jurisprudence
ⓘ
relationship between federal and state law ⓘ scope of federal common lawmaking power ⓘ |
| genre | academic legal writing ⓘ |
| hasPerspective |
cautious about expansive federal common law
ⓘ
pro-Erie ⓘ |
| influenced |
federal courts jurisprudence
ⓘ
scholarship on Erie doctrine ⓘ scholarship on federal common law ⓘ teaching of federal courts in U.S. law schools ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| language | English ⓘ |
| mainTopic |
Erie doctrine
NERFINISHED
ⓘ
federal common law ⓘ federal courts ⓘ judicial federalism ⓘ |
| relatedTo |
Erie Railroad Co. v. Tompkins
NERFINISHED
ⓘ
federal common lawmaking ⓘ judicial lawmaking in the federal system ⓘ |
| supportsView |
Erie is compatible with a limited new federal common law
ⓘ
Erie promotes proper allocation of lawmaking authority ⓘ federal common law must be justified by significant federal interests ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.