February 19, 2025
12:30 pm

Erie and the Nature of Law

In the famous words of Justice Felix Frankfurter, Erie Railroad Co. v. Tompkins “did not merely overrule [the] venerable case” of Swift v. Tyson; it more fundamentally “overruled a particular way of looking at law.” But in recent years, scholars have questioned the extent to which Erie really did supplant Swift’s theory of the “general law” with one of legal positivism – and whether Erie itself should now be overruled. Join CIT for a discussion highlighting how Erie affected the American understanding of the nature of law, the doctrinal implications of that change, and the merits of reconsidering Erie.

Speakers

AJ Bellia

Stephen Sachs

Moderator

William M. M. Kamin

Location

Erie and the Nature of Law

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