Margaret S. Thomas, Constraining the Federal Rules of Civil Procedure Through the Federalism Canons of Statutory Interpretation, 16 N.Y.U. J. Leg. & Pub. Pol’y 187 (2013).

Sergio J. Campos

In Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), the Supreme Court famously ruled that a federal court cannot displace state common law with its own common law. Justice Brandeis’s majority opinion suggested that the Constitution compelled this result, and ever since, the decision has been called everything from a “brooding […]