4. Justice Ginsburgs dissent relied extensively on the legislative history to the New York rule. In ascertaining

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4. Justice Ginsburg’s dissent relied extensively on the legislative history to the New York rule. In ascertaining the meaning and purpose of a state rule, is a court sitting in diversity obliged to follow the state’s approach to interpreting legislative history, or can it use a different federal approach? Does either the Rules of Decision Act or the Rules Enabling Act speak to this question? See p. 474, infra; see also Campos, Erie as a Choice of Enforcement Defaults, 64 Fla. L. Rev. 1573 (2012) (Erie can encourage dialogue between the states and Congress on the substantive implications of procedural rules).

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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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