Hinderlider v. La Plata River & Cherry Creek Ditch
Case Date: 05/19/2024
|
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]
|