Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-09T03:36:17.217Z Has data issue: false hasContentIssue false

Chapter 32 - Erie

from Section C: Justiciability

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
Get access

Summary

This chapter provides a detailed examiniation of the doctrinal, jurisprudential, social, and economic background to the Court’s decision in Erie Railroad v. Tompkins, sharply limiting the federal courts' power to developa common law independent of that of the states in which the courts were located.

Keywords

Erie RR. v. TompkinsSwift v. Tyson“brooding omnipresence”
Type
Chapter
Information
The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 851 - 874
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Erie
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.034
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Erie
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.034
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Erie
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.034
Available formats
×