Sunday, January 06, 2013
Erieblogging: Day Six
I’m posting an un-
or underexplored question about Erie Railroad Co. v. Tompkins every day this
month (parallel posted on my own CivPro blog).
Today's question: Owing to Louisiana’s civil law tradition, the Louisiana Supreme Court’s decisions concerning Louisiana statutes are not binding upon lower Louisiana courts, except in the particular case in which the decision was made. And yet federal courts interpreting Louisiana statutes follow the Louisiana Supreme Court’s decisions and, when the matter is unsettled, attempt to predict how it would resolve the matter. Are they showing insufficient sensitivity to Louisiana's unique legal heritage?
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