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CHAPTER 12

Erie and State Choice of Law

Vertical Uniformity and Horizontal Chaos

INTRODUCTION

Chapter 10 suggests that the whole Erie problem was the framers’ fault, for creating a federal form of government. But that isn’t really true. Another part of the problem is the colonists’ fault because they settled in separate colonies. Those colonies developed more or less independently for 150 years before they became states, and they retain a great deal of autonomy under our constitution. This autonomy---from each other as well as from federal control---has some very interesting consequences for our judicial system.

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