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Genetin’s article on the Erie doctrine published in Akron Law Review and cited in two recent law review articles

01/15/2014

Professor Genetin’s article on the Erie doctrine, Reassessing the Avoidance Canon in Erie Cases, 44 Akron L. Rev. 1067 (2011) (Reassessing the Avoidance Canon), has recently received significant attention.  The so-called “Erie doctrine” originated in a case entitled Erie Railroad Co. v. Tompkins, 304 U.S. 64  (1938).  The Erie doctrine, among other things, explores the appropriate allocation of power between the federal and state governments.  Professor Genetin’s article on Erie was also cited in two recent law review articles.  In an article that will be included in a forthcoming 75th anniversary symposium on the Erie doctrine, Professor Allan Erbsen (University of Minnesota Law School) cited Reassessing the Avoidance Canon in his article emphasizing the need to develop “default rules” for analyzing Erie doctrine issues.  Similarly, Professor Jill Fraley (Washington & Lee University School of Law) cited the article in discussing whether statutes and procedural rules should be read textually or in light of the purpose and history of the provision at issue. 

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