Here's my latest paper with Jack Goldsmith, "General Law Revivalism and the Problem of 1938." Short version: Erie is incompatible with and precludes many versions of originalism but is now too foundational to eliminate. (Comments appreciated.)
papers.ssrn.com/sol3/papers....
From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of "general law" to
