6. Justice Harlan called Erie one of the modern cornerstones of our federalism. Federalism in the United

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6. Justice Harlan called Erie “one of the modern cornerstones of our federalism.”

Federalism in the United States is associated with a number of different values, including

“freedom to experiment,” “flexibility in tailoring regulation to local needs,” “decentralization as a strategy to minimize factional control,” “independence as a source of strengthened protection of rights,” and “the superior democratic pedigree that comes from closer contact with the citizenry.” Kramer, The Lawmaking Power of the Federal Courts, 12 Pace L.Rev.

263, 295–96 (1992). How does Erie serve these values? How does Hanna?

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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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