Relations between the Federal and State Courts

By Mitchell Wendell | Go to book overview

CHAPTER XI
THE SCOPE OF THE ERIE RULE

IT is now a full decade since the Supreme Court overturned Story's doctrine of federal judicial independence and supplanted it with the Erie Rule. As we have seen, the present doctrine is not free from difficulty. Some problems, like those springing from an absence of applicable local precedents, will probably decrease as the passing years multiply the number of reported decisions available from state courts. Other difficulties are inherent in our federal system of government and may never be completely conquered. However, there appears to be general agreement with the aim of Erie v. Tompkins.

The exercise of legislative power by the states is an essential feature of our federal system. In order to make this state power meaningful, it would seem only natural that the states should exert control over the content of their own laws. So far there is no controversy; but what constitutes control? Everyone will agree with Calvin Coolidge's minister who declared that he was against sin. But what is or is not sinful is a much vexed question on which even competent moralists differ. Similarly, there can be many notions concerning what constitutes state control over the content of its laws. It follows that while informed opinion, both on and off the bench, holds it to be desirable that local conceptions of state law prevail, general acquiescence in this underlying principle does not necessarily insure the realization of the goal. We must, therefore, ask whether the Erie Case has increased state authority.


FEDERAL ACCEPTANCE OF LOCAL PRECEDENTS IN EQUITY

A significant indication of the importance which the Erie Rule has assumed may be seen in its extension into the field of equity. It will be remembered that Swift v. Tyson governed

-224-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Relations between the Federal and State Courts
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 298

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.