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:
“Sleep hath its own world,
And a wide realm of wild reality.
And dreams in their development have breath,
And tears, and tortures, and the touch of joy.”
—George Gordon Noel Byron (1788–1824)
“Every new development for the last three centuries has brought men closer to a state of affairs in which absolutely nothing would be recognized in the whole world as possessing a claim to obedience except the authority of the State. The majority of people in Europe obey nothing else.”
—Simone Weil (1909–1943)
“There are two things which cannot be attacked in front: ignorance and narrow-mindedness. They can only be shaken by the simple development of the contrary qualities. They will not bear discussion.”
—John Emerich Edward Dalberg, 1st Baron Acton (1834–1902)