The true constitutional foundation of the Erie doctrine: non-delegation?
The Volokh Conspiracy 2015-08-27
Summary:
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. Here’s a link to my initial post; here’s a link to my second post, explaining how the non-delegation doctrine applies to delegations to the judiciary and why this makes sense; and here’s a link […]