Review of Edward A. Purcell, Jr., Brandeis and the Progressive Constitution: Erie , the Judicial Power, and the Politics of Federal Courts in Twentieth-Century America

Author: Urofsky, Melvin I.

Source: Journal of Supreme Court History, Volume 27, Number 1, March 2002 , pp. 83-90(8)

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Abstract:

One of my strongest memories of law school remains the first class in “Federal Courts.” The teacher began by asking if anyone could explain the holding in Erie Railroad Co. v. Tompkins (1938).2 Several students raised their hands, and the answer was soon forthcoming. Federal courts were bound by the decisional rules of the state courts in the states in which theywere located; there is no federal common law. “Very good,” the teacher said. “If you know that, why are you taking this course?”

Document Type: Research article

DOI: http://dx.doi.org/10.1111/1540-5818.00036

Affiliations: 1: Virginia Commonwealth University

Publication date: 2002-03-01