Will Baude

You know, I mean, I tend to think that we don't necessarily need to see them getting rid of Erie, but you could see more...

willingness to invoke kind of general law-ish principles in distinct and discrete areas, right?

That was sort of the instinct between my and Danielle's Fourth Amendment article, which is, look, you don't have to be a, you know, completely upset the legal system, but maybe there are these areas where the court is doing some interpretation and it doesn't quite know how to do it.

You know, maybe this gives them a little bit more of a hook.

Right.

That seems plausible to me.

Yeah, or like the Fourth Amendment exclusionary rule, right?

Like we had that, and then we had the Westfall Act and all these things, and now you can't sue, and what do you do?

Although, don't the federal rules of evidence have like a...

Carve out for the common law?

Yeah.

Makes sense.

Okay, well, for those who are interested in getting deep into these issues,

procedural and jurisprudential and constitutional weeds, we recommend that article, General Law Revivalism and the Problem of 1938.

That's good.

I don't think it's going to approach the Section 3 article.

No, it's going to exceed it, I hope.

Okay.

Other odds and ends?

Anything you were thinking about over the holidays?