Erie\u27s International Effect

To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or perhaps always) ignore Klaxon Co. v. Stentor Electric Manufacturing Co. and use federal choice of law rules rather than the rules of the state where the federal court is located. In this Essay, I have three points to make in response. The first is that Childress’s article, even if successful, leaves the bulk of the Erie doctrine unchanged in an international context. His arguments are directed solely to Klaxon and choice of law. The second point is that most of his arguments fail to give us a reason to question Klaxon’s applicability in an international context. The only argument that has any success is based on the idea that the choice between state and foreign law implicates federal interests in foreign relations. The third point is that even this argument has only very limited success. Federal interests in foreign relations will rarely override Klaxon’s command

Legal Revolutions: Six Mistakes about Discontinuity in the Legal Order

A legal revolution occurs when chains of legal dependence rupture-causing one legal system to be replaced by a different and incommensurable legal system. For example, before the French Revolution chains of legal dependence ultimately led to Louis XVI, but after this legal revolution they led to the National Assembly (or the people of France it represented). The very possibility of legal revolutions depends upon laws being structured into legal systems in this fashion. And yet, despite substantial academic interest in legal revolutions, there has been a reluctance to examine the structure that makes them possible. The goal of this Article is to begin to fill this gap by examining six mistakes in reasoning about legal revolutions that occur when the structure of legal systems is ignored. My discussion focuses on concrete examples of these mistakes, drawn from a wide variety of sources, including the writings of Akhil Amar, the Supreme Court of Pakistan\u27s 1958 decision in State v. Dosso, the jurisprudence of John Austin, and recent criticisms of Bush v. Gore

Erie\u27s International Effect

To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or perhaps always) ignore Klaxon Co. v. Stentor Electric Manufacturing Co. and use federal choice of law rules rather than the rules of the state where the federal court is located. In this Essay, I have three points to make in response. The first is that Childress’s article, even if successful, leaves the bulk of the Erie doctrine unchanged in an international context. His arguments are directed solely to Klaxon and choice of law. The second point is that most of his arguments fail to give us a reason to question Klaxon’s applicability in an international context. The only argument that has any success is based on the idea that the choice between state and foreign law implicates federal interests in foreign relations. The third point is that even this argument has only very limited success. Federal interests in foreign relations will rarely override Klaxon’s command

Erie\u27s International Effect

To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or perhaps always) ignore Klaxon Co. v. Stentor Electric Manufacturing Co. and use federal choice of law rules rather than the rules of the state where the federal court is located. In this Essay, I have three points to make in response. The first is that Childress’s article, even if successful, leaves the bulk of the Erie doctrine unchanged in an international context. His arguments are directed solely to Klaxon and choice of law. The second point is that most of his arguments fail to give us a reason to question Klaxon’s applicability in an international context. The only argument that has any success is based on the idea that the choice between state and foreign law implicates federal interests in foreign relations. The third point is that even this argument has only very limited success. Federal interests in foreign relations will rarely override Klaxon’s command

The Twin Aims of Erie

The article presents justification of the twin aims in diversity cases and systematic analysis of its role in federal and state court. It informs that twin aim protects state interests with separation of powers in which state law is incorporated into federal procedural common law in order to serve federal interests. In the U.S. Supreme Court case Erie Railroad Co. v. Tompkins, the Court held that federal courts can not create federal common law under diversity jurisdiction

Eternal Recurrence in a Neo-Kantian Context

In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche\u27s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. I end by discussing how this reading of the eternal recurrence solves a number of puzzles that have bedeviled interpreters

Imperatives without imperator

Schmitt’s theologisation of sovereignty has been subjected, 50 years later, to a ‘quarter turn’ by Foucault’s move from issues of domination to issues of government. After a further 30 years, radicalising Foucault, Agamben’s archaeology of economy adds another ‘quarter turn’: the structure that emerges once the old European conjugality of facticity and validity, of praxis and being, emptied of all bonds, links, and loops, gives way to the bare opposition ‘bipolarity’. The new constellation provides the old legal-theoretical (kelsenian) problem of rules unsuspended from a ruler who would authorise them, with a new, unexpected, political content and with a change of epistemic paradigm. Abstract from publisher website at: http://www.springerlink.com/content/r875043667332q76/?p=20359db2f2504c2882f03f03e2c94902&pi=