Wednesday, September 4, 2019
Just in time for the new semester, Michael Green (William & Mary) has posted The Erie Doctrine: A Flowchart to SSRN.
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.