I’m excited to report that my new paper with Jack Goldsmith, “General Law Revivalism and the Problem of 1938,” will be published by the Yale Law Journal (link below). Still plenty of time for comments! @yalelawjournal.bsky.social
papers.ssrn.com/sol3/papers....
<p><span>From the constitutional Founding until </span><span>Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of
