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Table Of Contents

introduction
A. The Unresolved Legal Status of Federal Interpretive Methodology
2. Methodology as Federal Common Law
Interpretation
3. Methodology as Something in Between
B. Different Questions Raised by Statutory Interpretation in the States
C. The Architecture of Concurrent Jurisdiction and the Erie Doctrine
1. The Asymmetrical Structure of Concurrent Jurisdiction
2. The Erie Doctrine
ii. federal courts and state statutes
B. Diversity Cases
1. Problem 1: The Tools that Courts Will Use To “Predict” State Law
2. Problem 2: Mixing Federal and State Methodology
b. Using Both Federal and State Methodology
Interpretive Rules
4. Problem 4: Dynamic Statutory Interpretation
C. Federal-Question Cases Requiring State Statutory Interpretation
1. In the U.S. Supreme Court
2. In the Circuit Courts
3. Special Treatment for Constitutional Avoidance
a. U.S. Supreme Court Origins of this Restrained Approach
b. Are the Constitutional Cases Justifiably Different?
4. Exception: Voluntary Application of State Methodology
iii. state courts and federal statutes
A. State Courts Using Federal Methodology for Federal Statutes
B. State Courts Using State Methodology for Federal Statutes
C. Disuniformity of Federal Law
iv. methodological analogies and erie
A. Analogous Jurisprudential Principles
Trusts
Stare Decisis, and Constitutional Law Frameworks
3. Analogies to Burden-Allocation Principles
B. Applying the Erie Considerations to Statutory Interpretation
2. Statutory Interpretation Methodologies as Rules of Decision
3. Statutory Interpretation, Federal Interests, and Federal Judges
C. A General Common Law of Statutory Interpretation?
v. intersystemic statutory interpretation
conclusion
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Intersystemic Statutory Interpretation-- Methodology as “Law” and the Erie Doctrine

Intersystemic Statutory Interpretation-- Methodology as “Law” and the Erie Doctrine

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Published by Clelio Maia

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Published by: Clelio Maia on Oct 03, 2011
Copyright:Attribution Non-commercial

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05/12/2014

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