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Against Diversity
(Constitutional Commentary, 2000)
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
A Pox on Both Your Houses
(Journal of law, Economics and Policy, 2013)
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...