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Author Topic: Byrd & the Erie Docrine  (Read 496 times)

Dr. Balsenschaft

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Byrd & the Erie Docrine
« on: December 14, 2006, 11:21:31 AM »
In order for a federal policy to outweigh the outcome determinative test outlined in Guaranty and limited by the twin aims of Erie as explained in Hanna, does the policy have to be Constitutionally grounded?

I understand a Constituionally valid FRCP or Congressional Act would trump the outcome determinative test so long as it doesn't violate the 2nd part of the REA by abrdiging, enlarging or modifying any substantive right but I'm concerned with which federal policies prevail that don't emanate from the Constitution. Are there any?