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THE PROBLEM Overlapping Jurisdiction

THE PROBLEM Overlapping Jurisdiction. #1 Cases involving federal law Exclusive jurisdiction Federal courts Concurrent jurisdiction 1331 “arising under” federal law State or federal courts Federal law issues claim not “arising under” state original jurisdiction only.

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THE PROBLEM Overlapping Jurisdiction

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  1. THE PROBLEMOverlapping Jurisdiction • #1 Cases involving federal law • Exclusive jurisdiction • Federal courts • Concurrent jurisdiction • 1331 “arising under” federal law • State or federal courts • Federal law issues • claim not “arising under” • state original jurisdiction only

  2. THE PROBLEMOverlapping Jurisdiction • #1 Cases involving federal law • What law applies? • U.S. Const., Art. VI (Supp. P. • “Supremacy Clause”

  3. THE PROBLEMOverlapping Jurisdiction • #2 Cases arising under state law • Concurrent jurisdiction • Diversity cases • What law applies? • The “Erie Problem” • 28 U.S.C. §1652 (Rules of Decision Act) • The Constitution • 28 U.S.C. §2071 (Rules Enabling Act)

  4. THE PROBLEMOverlapping Jurisdiction • #3 Cases arising under state law • > 1 state has jurisdiction •  > 1 federal court has jurisdiction • What law applies? • “Choice of law” rules • Mostly judge-made common law • U.S. Const., Art. IV • “Full faith & credit” clause

  5. READING STATUTESRules of Decision Act 28 U.S.C. §1652, Supp. p. 334 • The laws • of the several states, • except where • the Constitution • or • Acts of Congress • otherwise require or provide, • shall be regarded as • rules of decision • in civil actions • in courts of the United States, • in cases where they apply.

  6. READING STATUTESMAP-ing • Rules of Decision Act • Ambiguities?

  7. READING STATUTESAmbiguities • When we ask “what law applies” • What counts as “law”?

  8. READING STATUTESAmbiguities • What do we mean by “rules of decision”?

  9. HISTORICAL BACKGROUNDSwift v. Tyson • The “old” framework • Cf. Pennoyer • Under Swift v. Tyson • What law applied in diversity cases? • State statutes? • State common law? • i.e. judicial decisions

  10. HISTORICAL BACKGROUNDSwift v. Tyson • Practical Implications?

  11. ERIE RR. v. TOMPKINSRule Choice • Rule Choice • D.Ct. & Ct. App.? • S.Ct.?

  12. ERIE RR. v. TOMPKINSRationale • Is Erie an obvious decision? • Research problem • Any PA laws on topic? • What is “the law”?

  13. ERIE RR. v. TOMPKINSSources of Law • Constitutional case • What provisions of constitution? • Candidates • Equal protection • 10th Amendment • No enumerated powers

  14. TAKEAWAYS • The Problem • What law applies in diversity cases? • Rules of Decision Act • Where does law come from? • Natural law • Positivism

  15. TAKEAWAYS • Swift & Erie frameworks • Swift (cf. Pennoyer) • “Rules of decision” • Includes statutes, not cases • Erie (cf. Internat’l Shoe) • “Rules of decision” • Includes statutes + common law

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