Critiques of my Erie flowchart?
Posted: Sat Nov 17, 2012 2:29 pm
Can anyone take a look at my Erie flowchart and critique it?
http://i.imgur.com/OGpMN.jpg
I guess the part I'm having the biggest trouble with is the unguided Erie choice application after Gasperini. Glannon talked about how it approved Byrd's emphasis on the importance of the federal interest as a factor in making the choice under Hanna 1.
Am I correct in that you:
- first look at whether it is outcome determinate (twin prongs of Erie)
- If yes, apply balancing test (federal countervailing interest)
- If it weighs in favor of the federal provision, then that trumps state law ?
http://i.imgur.com/OGpMN.jpg
I guess the part I'm having the biggest trouble with is the unguided Erie choice application after Gasperini. Glannon talked about how it approved Byrd's emphasis on the importance of the federal interest as a factor in making the choice under Hanna 1.
Am I correct in that you:
- first look at whether it is outcome determinate (twin prongs of Erie)
- If yes, apply balancing test (federal countervailing interest)
- If it weighs in favor of the federal provision, then that trumps state law ?
