Post on 31-Jan-2016
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Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)
1) spontaneous generation as in the cases of government contracts or interstate controversies
Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)
1) spontaneous generation as in the cases of government contracts or interstate controversies
2) implication of a private federal cause of action from a statute providing other sanctions
Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)
1) spontaneous generation as in the cases of government contracts or interstate controversies
2) implication of a private federal cause of action from a statute providing other sanctions
3)construing a jurisdictional grant as a command to fashion federal law
Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)
1) spontaneous generation as in the cases of government contracts or interstate controversies
2) implication of a private federal cause of action from a statute providing other sanctions
3) construing a jurisdictional grant as a command to fashion federal law
4) the normal judicial filling of statutory interstices.
The Judiciary Act of 1789, § 34, 1 Stat. 73, 92 (Sept. 24, 1789)
SEC. 34. And be it further enacted, That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
B F D
BIG F D
BIG FEDERAL D
BIG FEDERAL DEAL
Case SMJ Issue Choice of Law
Reason
If federal law, how created?
If state law, on what assumption?
United States v. Clear-field Trust Co.
Case SMJ Issue Choice of Law
Reason
If federal law, how created?
If state law, on what assumption?
United States v. Clear-field Trust Co.
28 U.S.C. § 1345 (fed gov’t as π)
Case SMJ Issue Choice of Law
Reason
If federal law, how created?
If state law, on what assumption?
United States v. Clear-field Trust Co.
28 U.S.C. § 1345 (fed gov’t as π)
Who has the burden of proof on the issue of prejudice caused by delay in notification?
Case SMJ Issue Choice of Law
Reason
If federal law, how created?
If state law, on what assumption?
United States v. Clear-field Trust Co.
28 U.S.C. § 1345 (fed gov’t as π)
Who has the burden of proof on the issue of prejudice caused by delay in notification?
Federal common law
Case SMJ Issue Choice of Law
Reason
If federal law, how created?
If state law, on what assumption?
United States v. Clear-field Trust Co.
28 U.S.C. § 1345 (fed gov’t as π)
Who has the burden of proof on the issue of prejudice caused by delay in notification?
Federal common law
Dominant federal interest in the properties of federally issued commercial paper
Case SMJ Issue Choice of Law
Reason
If federal law, how created?
If state law, on what assumption?
United States v. Clear-field Trust Co.
28 U.S.C. § 1345 (fed gov’t as π)
Who has the burden of proof on the issue of prejudice caused by delay in notification?
Federal common law
Dominant federal interest in the properties of federally issued commercial paper
Spontaneous generation, from the federal law merchant developed under Swift v. Tyson
United States v. Kimbell Foods, Inc.
District Court: federal law
United States v. Kimbell Foods, Inc.
District Court: federal law, tax rules
United States v. Kimbell Foods, Inc.
District court: federal law, tax rules
Circuit court: federal law,
United States v. Kimbell Foods, Inc.
District court: federal law, tax rules
Circuit court: federal law, new rules
United States v. Kimbell Foods, Inc.
District court: federal law, tax rules
Circuit court: federal law, new rules
Supreme Court: federal law,
United States v. Kimbell Foods, Inc.
District court: federal law, tax rules
Circuit court: federal law, new rules
Supreme Court: federal law, state rules