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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(s) -
Urofsky Melvin I.
Publication year - 2002
Publication title -
journal of supreme court history
Language(s) - English
Resource type - Journals
eISSN - 1540-5818
pISSN - 1059-4329
DOI - 10.1111/1540-5818.00036
Subject(s) - constitution , law , state (computer science) , politics , power (physics) , political science , sociology , physics , quantum mechanics , algorithm , computer science
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?”