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Arizona Constitutional Law Derailed in Federal Diversity Court: A Reevaluation of Herron v. Southern Pacific Co.

Abstract

More than 40 years have passed since the Supreme Court of the United States ruled that Arizona's constitutional provision relating to contributory negligence was not controlling in a federal diversity court. The writer examines the strong state policy reflected by the provision, reviews the Erie decision and its progeny, and concludes that Arizona's constitutional provision should now be honored in federal court.

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16 Ariz. L. Rev. 208 (1974)

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