Bibliographic record
Abstract
In his important article, When Erie Goes International, Professor Childress addresses the marvelous question of the Erie doctrine's application in an international context. 1 In particular, Childress argues that Klaxon Co. v. Stentor Electric Manufacturing Co., 2 which held that a federal court sitting in diversity (or alienage) must borrow the choice-of-law rules of the state where the federal court is located, should not apply when the federal court chooses between state law and the law of a foreign nation.3 In this Essay, I have three points to make in response-one clarificatory and two critical.The clarificatory point is that even if Childress is correct, the bulk of the Erie doctrine applies unchanged in international cases.Childress's arguments are directed solely to Klaxon and international choice of law.The first critical point concerns the merits of Childress's arguments, all but one of which give us no reason to think that Klaxon should be abandoned in international cases.The one argument that has any success is that a federal court's choice between state and foreign law implicates federal interests in foreign relations, in particular comity with the foreign nation.These federal interests can indeed override Klaxon's command.But this brings me to my second critical point: Childress exaggerates the extent to which these federal interests will displace Klaxon.Whereas he thinks that federal law will preempt much-or perhaps all-state law on international choice of law, I argue that preemption will be rare. I. MOST OF ERIE STILL APPLIES IN AN INTERNATIONAL CONTEXTEVEN IF CHILDRESS'S ARGUMENTS SUCCEED Even if the arguments in Childress's article succeed, their effect is relatively narrow.Most of the Erie doctrine still applies in an international context.To see why, consider an international Erie Railroad Co. v. Tompkins.4 In the original Erie, Tompkins, a Pennsylvania domiciliary, was struck by something protruding from one of Erie's trains-probably an open door-while trespassing on Erie's property in Pennsylvania.He sued
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.007 |
| Meta-epidemiology (narrow) | 0.002 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.007 | 0.003 |
| Scholarly communication | 0.012 | 0.005 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.011 | 0.012 |
| Insufficient payload (model declined to judge) | 0.085 | 0.013 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".