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" that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases... "
Reports of Cases Argued and Determined in the Circuit Court of the United ... - Page 428
by Elijah Paine, United States. Circuit Court (2nd Circuit) - 1827
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Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789

Maeva Marcus - Law - 1992 - 320 pages
...the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common...the courts of the United States in cases where they apply."1 Unraveling the ambiguities inherent in the Judiciary Act, over the forty-odd years of its...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - Law - 1998 - 298 pages
...jurisprudence." At issue in the case was the interpretation of section 34 of the Judiciary Act of 1789, "that the laws of the several States . . . shall be...of the United States, in cases where they apply," and in particular whether the "laws of the several States" includes precedents of their courts, even...
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Reform and Regulation of Property Rights, Volume 3

James W. Ely - Business & Economics - 1997 - 426 pages
...constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common...of the United States in cases where they apply"); Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 Harv. L. Rev. 49...
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The Essential Holmes: Selections from the Letters, Speeches, Judicial ...

Oliver Wendell Holmes - Biography & Autobiography - 1996 - 342 pages
...34 of the Judiciary Act of 1789 refers only to statutes when it provides that except as excepted the laws of the several states shall be regarded as rules of decision in trials at common law in courts of the United States. An examination of the original document by a most competent hand...
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Leo Strauss, the Straussians, and the American Regime

Kenneth L. Deutsch, John Albert Murley - Philosophy - 1999 - 451 pages
...states, except where the Constitution, treaties, or statutes shall otherwise provide or require, shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply." Anastaplo argues, as did Crosskey, that Section 34 did not have to be made any more explicit than it...
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American Law and the Legal System: Equal Justice Under the Law

Thomas R. Van Dervort - Law - 2000 - 386 pages
...where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply." Common law of the state of Pennsylvania and the US Constitution are used in the Supreme Court's decision....
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Law - 1999 - 720 pages
...Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, where they apply." Sec. 34. In Suydam v. Williamson, 24 How. 427, the Supreme Court...
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A Nation of States: Federalism at the Bar of the Supreme Court

Kermit L. Hall - Law - 2000 - 446 pages
...is brought, and a citizen of another State." Judiciary Act of 1789, ch. 20, 11, 1 Slat. 73, 78. " "[T]he laws of the several states . . . shall be regarded...courts of the United States in cases where they apply." Id. 34, 1 Slat. at 92. M 16 US (13 Wheat.) at 221-23. " Id. at 221. M See Act of May 8, 1792, ch....
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History of the Sherman Law

Albert H. Walker - Law - 2000 - 320 pages
...where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common...courts of the United States in cases where they apply." The plaintiffs responded that Section 721 of the United States Revised Statutes did not operate to...
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Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the ...

Edward A. Purcell - Biography & Autobiography - 2000 - 417 pages
...constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common...courts of the United States in cases where they apply." i Stat. 92 (1789). The provision had remained essentially unchanged since 1789. 95 Although the Swift...
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