Jay Tidmarsh


A forward to the articles in this journal. All the articles manifest concern for the constitutional and structural concerns that animated Erie and its procedural progeny. Several articles, especially those by Professors Doernberg, Koppel, and Stempel examine the jurisprudential commitments underlying the Erie doctrine in general and the various opinions in Shady Grove in particular. Professors Genetin and Friedenthal examine the difficulties of, respectively, statutory and rule interpretation in the Erie context. Professor Koppel emphasizes the value of procedural uniformity. Professor Doernberg evaluates the relationship between the procedural Erie doctrine and concerns for federalism. Mr. Gaber brings some realpolitik to bear by assessing the relationship between Shady Grove and the Class Action Fairness Act, which expanded federal jurisdiction over class actions to curb the perceived liberality of state-court classaction practice.