Abstract
This 2004 paper continues to work out the body of thought eventually more fully realized in my A General Theory of Governance (Wm & Mary L. Rev. 2013). An authorized draft of the 2013 paper is now also available on SSRN, replacing a poor and heavily cut transcription. This earlier work was written in preparation for an AALS section talk. It argues that Erie is better understood as a specific example of a more general underlying theory. By 2004 the need for better theory had become pressing, given late revisionist scholarship urging a return to pre-Erie understandings. The ironies of the revisionist position are discussed and understood as an attack on American legal positivism. Erie’s power rationale is stated in more general terms, and Erie is understood as a requirement of due process.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
