Supreme Court Mistakes: Erie Railroad Co. v. Tompkins
Apr 1, 2011
Pepperdine University | Law Review Pepperdine University | School of Law
Professor Sherry delivered her argument for including
Erie Railroad v. Tompkins in the "Hall of Shame" as one of the worst United States Supreme Court decisions. The 1938 decision concluded that the federal courts do not ..
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Professor Sherry delivered her argument for including Erie Railroad v. Tompkins in the "Hall of Shame" as one of the worst United States Supreme Court decisions. The 1938 decision concluded that the federal courts do not have judicial power to create general federal common law when hearing state law claims under diversity jurisdiction. This led to "forum shopping" for filing lawsuits. Professor Childress then defended the decision. The panelists responded to questions from members of the audience. Professor Goodno moderated.
"Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History" was a Pepperdine Law Review Symposium.
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