THE PROBLEM Overlapping Jurisdiction

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THE PROBLEMOverlapping Jurisdiction

• 1 Cases involving federal law
• Exclusive jurisdiction
• Federal courts
• Concurrent jurisdiction
• 1331 arising under federal law
• State or federal courts
• Federal law issues
• claim not arising under
• state original jurisdiction only

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THE PROBLEMOverlapping Jurisdiction

• 1 Cases involving federal law
• What law applies?
• U.S. Const., Art. VI (Supp. P.
• Supremacy Clause

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THE PROBLEMOverlapping Jurisdiction

• 2 Cases arising under state law
• Concurrent jurisdiction
• Diversity cases
• What law applies?
• The Erie Problem
• 28 U.S.C. 1652 (Rules of Decision Act)
• The Constitution
• 28 U.S.C. 2071 (Rules Enabling Act)

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THE PROBLEMOverlapping Jurisdiction

• 3 Cases arising under state law
• gt 1 state has jurisdiction
• ? gt 1 federal court has jurisdiction
• What law applies?
• Choice of law rules
• Mostly judge-made common law
• U.S. Const., Art. IV
• Full faith credit clause

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READING STATUTESRules of Decision Act

• 28 U.S.C. 1652, Supp. p. 334
• The laws
• of the several states,
• except where
• the Constitution
• or
• Acts of Congress
• otherwise require or provide,
• shall be regarded as
• rules of decision
• in civil actions
• in courts of the United States,
• in cases where they apply.

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READING STATUTESMAP-ing

• Rules of Decision Act
• Ambiguities?

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READING STATUTESAmbiguities

• When we ask what law applies
• What counts as law?

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READING STATUTESAmbiguities

• What do we mean by rules of decision?

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HISTORICAL BACKGROUNDSwift v. Tyson

• The old framework
• Cf. Pennoyer
• Under Swift v. Tyson
• What law applied in diversity cases?
• State statutes?
• State common law?
• i.e. judicial decisions

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HISTORICAL BACKGROUNDSwift v. Tyson

• Practical Implications?

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ERIE RR. v. TOMPKINSRule Choice

• Rule Choice
• D.Ct. Ct. App.?
• S.Ct.?

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ERIE RR. v. TOMPKINSRationale

• Is Erie an obvious decision?
• Research problem
• Any PA laws on topic?
• What is the law?

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ERIE RR. v. TOMPKINSSources of Law

• Constitutional case
• What provisions of constitution?
• Candidates
• Equal protection
• 10th Amendment
• No enumerated powers

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TAKEAWAYS

• The Problem
• What law applies in diversity cases?
• Rules of Decision Act
• Where does law come from?
• Natural law
• Positivism

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TAKEAWAYS

• Swift Erie frameworks
• Swift (cf. Pennoyer)
• Rules of decision
• Includes statutes, not cases
• Erie (cf. Internatl Shoe)
• Rules of decision
• Includes statutes common law