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Overruling Erie: Nationwide Class Actions and National Common Law
(University of Pennsylvania Law Review, 2008)
In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co. v. Tompkins as applied to the nationwide class actions that fall within CAFA's ...
Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action
(Notre Dame Law Review, 1999)
One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...