What if Erie had nothing to do with the status of customary international law in U.S. law?
That’s an argument that my colleague and friend, Craig Green, here at Temple is making with his work, Repressing Erie’s Myth, which will appear in the California Law Review next year (you can download a copy of it in draft form here). For years, the conventional wisdom suggested that customary international law operated as part of U.S. federal common...