Comments on: Bring back federal common law https://www.overlawyered.com/2012/03/bring-back-federal-common-law/ Chronicling the high cost of our legal system Sat, 24 Mar 2012 02:45:54 +0000 hourly 1 By: Interested student https://www.overlawyered.com/2012/03/bring-back-federal-common-law/comment-page-1/#comment-146430 Sat, 24 Mar 2012 02:45:54 +0000 http://overlawyered.com/?p=28449#comment-146430 I’ve heard from various individuals that upending federal common law through Erie was a bad move (from the standpoint of maintaining limited government.) In all honesty, I’m not sure if I understand why. At face value, it would seem that the federal courts deferring to state law would be a good thing, as it restricts the law-making power of the federal government relative to the states. Liberty-favoring individuals however tend to support the system prior to Erie though.

Is the reasoning, that federal courts deferring to state laws implies that U.S. citizenship subjugates “citizens” of one state to the laws of another, thereby reducing the actual meaning of state citizenship?

]]> By: Ron Miler https://www.overlawyered.com/2012/03/bring-back-federal-common-law/comment-page-1/#comment-146031 Wed, 21 Mar 2012 14:36:35 +0000 http://overlawyered.com/?p=28449#comment-146031 It is cool to question established legal principles that we now take for granted. But the chances of Erie getting overturned now are the same as Ron Paul being elected president.

]]> By: Paul McKaskle https://www.overlawyered.com/2012/03/bring-back-federal-common-law/comment-page-1/#comment-145891 Tue, 20 Mar 2012 19:29:09 +0000 http://overlawyered.com/?p=28449#comment-145891 I agree–and the intellectual basis for doing so is well stated in the dissent of Justices Murphy and Rutledge in Guaranty Trust of New York v. York!

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