Browsing by Subject "Civil procedure -- United States"

Now showing items 1-4 of 4

    • Against Diversity 
      Sherry, Suzanna (Constitutional Commentary, 2000)
      Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
    • Erie and the Rules of Evidence 
      Cheng, Edward K. (Vanderbilt Law Review, 2012)
      Jay Tidmarsh offers an intriguing new test for drawing the allimportant line between procedure and substance for purposes of Erie. The Tidmarsh test is attractively simple, yet seemingly reaches the right result in separating ...
    • A Pox on Both Your Houses 
      Sherry, Suzanna (Journal of law, Economics and Policy, 2013)
      As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...
    • Twombly and Iqbal Reconsidered 
      Fitzpatrick, Brian T. (Notre Dame Law Review, 2012)
      In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court reinterpreted the Federal Rules of Civil Procedure to permit judges to dismiss claims at the very outset of a case whenever they think the claims ...