Is There Life for Erie After the Death of Diversity?

Authors

Peter Westen, University of Michigan Law SchoolFollow
Jeffrey S. Lehman, University of Michigan Law SchoolFollow

Abstract

This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question cases, treating separately cases within the exclusive, concurrent, and ancillary jurisdiction of federal courts.

Recommended Citation

Peter Westen & Jeffrey S. Lehman, Is There Life for Erie After the Death of Diversity?, 78 Mich. L. Rev. 311 (1980).
Available at: https://repository.law.umich.edu/mlr/vol78/iss3/2