| Book Review | The American Historical Review, 106.1

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| Book Review | The American Historical Review, 106.1 | The History Cooperative

Book Review

Canada and the United States

Edward A. Purcell, Jr. Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America. New Haven: Yale University Press. 2000. P. x, 417. $37.50.

The Supreme Court's decision in Erie Railroad Co. v. Tompkins (1938) is overtly about an arcane rule concerning choice of law. Speaking through Justice Louis D. Brandeis, the Supreme Court held that in a case where federal jurisdiction is based on diversity of citizenship—that is, the parties are from different states—the federal judge is obliged to follow the law of the state in which the court sits rather than relying on the "general" law or any separate body of rules that might be followed in the federal courts. . . .

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