Questions on Reverse Erie
1) Should issues of forum shopping and the inequitable administration
of the laws apply in doing reverse-Erie analysis? Why or why not?
2) Reverse-Erie is stronger than Erie: Federal procedural law is more
likely to follow federal causes of action into state court than state
procedural law is likely to follow state causes of action into federal
court. In considering why this is true, first of all compare the status
of federal procedural law that is not
common law (i.e. federal procedural constitutional provisions,
statutes, and FRCPs) in an Erie context versus the status of state
procedural law that is not common law in a reverse-Erie context. Why is
there a difference between Erie and reverse-Erie here?
3) But it even seems to be the case federal procedural common law is less likely to be
overcome in an Erie context than state procedural common law is likely
to be overcome in a reverse-Erie context. Why do you think that is true?