Thursday, April 9, 2026

For Friday, April 10

Thursday audio--Section B, Section A.

Section B meets at 11 tomorrow in the Courtroom; the first 3-4 rows will be set aside for you. Admitted students will observe the class, so please be especially prepared and participatory in front of your future colleagues. Section B meets at 2 (instead of 1).

We turn to Erie, which functions as something of a capstone and review of the class. The issue is what law applies. But in working through problems, you necessarily have to think about the entire litigation process--how issues are raised, the rules that apply to those issues, etc.

Prep Intro (focusing on Erie and § 1652) and Procedure (focusing on Hanna and § 2072) and all the associated questions. Work through the process under §§ 2072-2074 and how the FRCP are drafted and passed. For tomorrow, we will introduce and put together the Erie and Hanna framework tomorrow. Next week we will apply that to the puzzles in the Puzzle Document.

For next week, you also should read Berk v. Choy, the Court's most recent Erie case (decided in January). This offers a good, simple illustration of what the REA half of the analysis looks like.