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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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The Slaveholding Republic: An Account of the United States Government's ...

the late Don E. Fehrenbacher - History - 2002 - 480 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...courts of the United States in cases where they apply." SAL, 1: 91. 1o. See, for example, RD, 1o Cong., 1 sess., 911, 919. 11. Ibid., 111o-11. 11. Ibid., 1114-15....
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Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of ...

Ralph A. Rossum - Political Science - 2001 - 307 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...the courts of the United States in cases where they apply."76 In a further nod to the states, the Senate included a $500 jurisdictional minimum for the...
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The Oxford Guide to United States Supreme Court Decisions

Kermit L. Hall - History - 2001 - 428 pages
...Butler, McReynolds, and Reed concurring; Cardozo not participating. The Judiciary Act of 1789 provided that "the laws of the several states . . . shall be...regarded as rules of decision in trials at common law" in federal courts (sec. 34). This provision, which in modern times is known as the Rules of Decision...
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The Waite Court: Justices, Rulings, and Legacy

D. Grier Stephenson - Law - 2003 - 349 pages
...statutes of the United States shall otherwise require or provide, shall be regarded as the rules of decision in trials at common law in the courts of the United States in cases where they apply." In Swift, Justice Joseph Story construed "laws" to mean statutes only. Federal courts otherwise were...
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American Law in a Global Context: The Basics

George P. Fletcher, Steve Sheppard - Law - 2005 - 696 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. Because of the importance of the question whether the federal court was free to disregard the alleged...
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Constituting Empire: New York and the Transformation of Constitutionalism in ...

Daniel J. Hulsebosch - Law - 2006 - 496 pages
...the Constitution, treaties or statutes or 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." It was clear to all that the "laws of the several states" included statutory law. But did it encompass...
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Codification in the British Empire and America

Maurice Eugen Lang - History - 1924 - 204 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...courts of the United States in cases where they apply". This section has been construed by the supreme court of the United States in the case of Swift vs....
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Das Spiegelbildprinzip im Rechtsverkehr mit ausländischen ...

Christoph Schärtl - Law - 2005 - 298 pages
...or Statutes of the United States otherwise shall require or provide, shall be regarded äs rules of decision in trials at common law in the courts of the United States in cases where they apply."'" Bewusst als Zugeständnis an die Gegner eines bundesgerichtlichen Instanzenunterbaus konzipiert31"4,...
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Litigating in America: Civil Procedure in Context

Stephen Subrin, Margaret Y. K. Woo - Law - 2006 - 303 pages
...the United States otherwise require or provide, shall be regarded as rules of decision in trials of at common law, in the courts of the United States, in cases where they apply. ' In Erie, Justice Brandeis said that new scholarship suggested that the "laws of the several States"...
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"This Honorable Court": The United States District Court for the District of ...

Mark Edward Lender - History - 2006 - 322 pages
...state laws, except in instances where the Constitution, treaties, or federal laws held otherwise, would "be regarded as rules of decision in trials at common law" in the federal courts.39 The very length and complexity of the act was testimony to the importance attached...
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