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- Joined: Wed Sep 06, 2017 11:40 pm
So my 1l civ pro teacher is rumored to base a decent part of the essay exam on a fact pattern requiring a Gasperini analysis. I'm pretty well off w/ everything Erie (Byrd, Hanna, etc) and how to apply those rules to a fact pattern. I'm a little confused on how to attack a fact pattern w/ Gasperini in mind. If anyone has had to use Gasperini to analyze a fact pattern for an exam before, could you explain how you did that?
- Posts: 4643
- Joined: Fri Mar 25, 2016 8:01 pm
Look at the fact pattern. Think of what happens if you apply the state rules. Think of what happens if you apply the federal rules. Then say, "To hell with it," and create an unholy hybrid of the two. On the other side, write a counter-argument frothing at the mouth about the Constitution and the lack of judicial authority to create law out of whole cloth.
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