Erie's International Effect

Michael Steven Green*

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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.