Scope
The American Erie doctrine today applies regardless of how the federal court may hear a state claim. Whether the federal court decides a state law issue vis-a-vis diversity jurisdiction or bankruptcy jurisdiction, the federal court must honor state common law when deciding state law issues. See, generally, United Mine Workers v. Gibbs, 383 U.S. 715 (1966) and Butner v. United States, 440 U.S. 48 (1979). Where the Constitution did control and Congress could not legislate, the laws of the states necessarily governed, state judge-made rules were every bit as binding on the federal courts as were state statutory provisions.
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Famous quotes containing the word scope:
“A country survives its legislation. That truth should not comfort the conservative nor depress the radical. For it means that public policy can enlarge its scope and increase its audacity, can try big experiments without trembling too much over the result. This nation could enter upon the most radical experiments and could afford to fail in them.”
—Walter Lippmann (1889–1974)
“Happy is that mother whose ability to help her children continues on from babyhood and manhood into maturity. Blessed is the son who need not leave his mother at the threshold of the world’s activities, but may always and everywhere have her blessing and her help. Thrice blessed are the son and the mother between whom there exists an association not only physical and affectional, but spiritual and intellectual, and broad and wise as is the scope of each being.”
—Lydia Hoyt Farmer (1842–1903)
“Revolutions are notorious for allowing even non- participants—even women!—new scope for telling the truth since they are themselves such massive moments of truth, moments of such massive participation.”
—Selma James (b. 1930)