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Federal Common Law and Impermissible Lawmaking

Learn about the substance and application of federal common law in federal courts and the areas in which federal courts are prohibited from making federal common law.


I.          Introduction

In another lesson, we focus on the areas in which it’s permissible for federal courts to make federal common law. Here, we’re focusing on the areas in which the federal courts are completely prohibited from making common law. Federal common lawmaking is completely prohibited in the following three areas:

·      one, areas of exclusive state interest;

·      two, areas...