[ Contents | Search | Post | Reply | Next | Previous | Up ]
From: Steven Berrent
Date: 06 Dec 2001
Time: 16:33:41
Does the stare decisis tendency in the Hanna/Byrd approach cross state lines, so that if OK has a state law which creates a great state interest within a certain area such that the state law will apply and the 10th circuit affirms that, what happens if there is a similar suit in KS but KS has no state law and therefore the balance would tip in favor of federal law. Would the district court in KS apply state law based upon stare decisis of the 10th circuit or would they apply federal law? If they applied federal law would the 10th circuit affirm? It seems that the Hanna/Byrd creates a different system in each state is that correct?