Hinderlider v. La Plata River & Cherry Creek Ditch

Hinderlider v. La Plata River & Cherry Creek Ditch Co.

Supreme Court of the United States
Argued January 31, 1938
Decided April 25, 1938
Full case name Hinderlider v. La Plata River & Cherry Creek Ditch Co.
Holding
Federal common law applies to resolve water rights governed by an interstate compact.
Court membership
Case opinions
Majority Brandeis

Overview

Hinderlider v. La Plata River & Cherry Creek Ditch Co., 304 U.S. 92 (1938), is best known for announcing that "general common law" or "general federal common law" no longer exists in the American legal system and is unconstiutional. However, federal courts retain the power to create federal common law in specific areas related to federal rights and interests. [1]

An archetypical example of such federal common law is that relating to disputes between states of the United States. Hinderlider was the first case to reaffirm the existence of federal common law for other purposes, specifically here, the interpretation of an interstate compact governing water rights between states. [2]

References

  1. ^ Erwin Chemerinsky, Federal Jurisdiction (5th ed. 2007), Aspen Publishers, p. 365-366.
  2. ^ Chemerinsky, p. 385-386.

See also