3. If the states highest court has not declared the state law in question, the general view...

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3. If the state’s highest court has not declared the state law in question, the general view is that “federal courts must act as ‘another court of the State’ and choose from a variety of sources, including high court dicta and lower court rulings” to interpret the law. See Kaye &

Weissman, Interactive Judicial Federalism: Certified Questions in New York, 69 Fordham L.

Rev.373, 376 (2000); see also Gluck, Intersystemic Statutory Interpretation: Methodology as

“Law” and the ErieDoctrine, 120 Yale L.J. 1898 (2011).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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