“In Praise of Erie—and of the New Federal Common Law”

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“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.

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Statements (48)

Predicate Object
instanceOf law review article ⓘ
legal essay ⓘ
analyzes Erie Railroad Co. v. Tompkins ⓘ
argues Erie doctrine is fundamentally sound ⓘ
linked to: Erie doctrine

federal common law should be confined to special federal interests ⓘ
federal courts retain limited power to create common law ⓘ
author Henry J. Friendly ⓘ
Judge Henry J. Friendly ⓘ
citedBy casebooks on federal courts ⓘ
federal judges ⓘ
legal scholars ⓘ
countryOfOrigin United States ⓘ
critiques pre-Erie federal general common law ⓘ
defends Erie doctrine ⓘ
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 ⓘ
language English ⓘ
mainTopic Erie doctrine ⓘ
federal common law ⓘ
federal courts ⓘ
judicial federalism ⓘ
relatedTo Erie Railroad Co. v. Tompkins ⓘ
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 ⓘ

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Henry J. Friendly → notableWork → “In Praise of Erie—and of the New Federal Common Law” ⓘ