PODCAST: All Hail Hanna: Berk v. Choy and Choosing Between Federal and State Law

Summary:

The Erie doctrine delights Civil Procedure professors and often bedevils law students. On this Touro Law Review podcast, Touro’s Civil Procedure faculty explore and explain the doctrine in their discussion of the Supreme Court’s recent decision in Berk v. Choy. Professor John Quinn summarizes the case, Professor Laura Dooley explains Justice Ketanji Brown Jackson’s concurring opinion, and Professor Deseriee Kennedy discusses the aims of the Erie doctrine and how Berk furthers them. Professor Rodger Citron moderates the discussion, in which the professors also talk about how they plan to use Berk when teaching Civil Procedure.

Learn More About the Guests:

Laura Dooley has been teaching about the civil justice system for 30 years. She has published widely in top-tier academic journals including the flagship journals at NYU, Vanderbilt, Cornell, and Illinois, among many others.  Her work has been cited by both federal courts and the popular press, including the Wall Street Journal and most recently Vice News. 


Deseriee Kennedy teaches Civil Procedure, Family Law, and Domestic Violence Law. She is a co-author of the seminal treatise on New York Domestic Violence Law that is updated yearly and published by Thomas-Reuters. Her scholarship has been published in the Georgetown Journal of Legal Ethics, Arizona State Law Journal, Missouri Law Review, the Southern California Review of Law and Women’s Studies, the Journal of Race, Gender and Class, among other journals.


John Quinn is dedicated to bridging theory and practice in legal education. He joined the Touro faculty full-time in August 2023 as an Assistant Professor of Legal Process and recently transitioned to the tenure track as an Assistant Professor of Law. He teaches Civil Dispute Resolution & Procedure, Evidence, Appellate Advocacy and related courses and serves as co-advisor to Touro Law’s Moot Court program.