Development
Several later cases have added to the vague Erie decision (Brandeis cited no provision of the Constitution that Swift violated, although theoretically it might have violated the Tenth Amendment's reservation of powers to the state). Speaking generally, there are two approaches in determining whether a federal court will apply a state law: (1) the Hanna & Rules Enabling Act approach, per 28 U.S.C. ยง 2072 when there is a Federal Rule of Civil Procedure and statute that conflicts with a state law; and (2) the Byrd-Erie approach when there is not a conflict between a state and federal practice.
Read more about this topic: Erie Doctrine
Famous quotes containing the word development:
“I hope I may claim in the present work to have made it probable that the laws of arithmetic are analytic judgments and consequently a priori. Arithmetic thus becomes simply a development of logic, and every proposition of arithmetic a law of logic, albeit a derivative one. To apply arithmetic in the physical sciences is to bring logic to bear on observed facts; calculation becomes deduction.”
—Gottlob Frege (1848–1925)
“The work of adult life is not easy. As in childhood, each step presents not only new tasks of development but requires a letting go of the techniques that worked before. With each passage some magic must be given up, some cherished illusion of safety and comfortably familiar sense of self must be cast off, to allow for the greater expansion of our distinctiveness.”
—Gail Sheehy (20th century)
“I could not undertake to form a nucleus of an institution for the development of infant minds, where none already existed. It would be too cruel.”
—Henry David Thoreau (1817–1862)