Document Type

Article

Comments

The Laws of the Several States, 50 Yale Law Journal 762 (1941)

Abstract

There is no "federal general common law." Swift v. Tyson has been overruled, as being both "unconstitutional" and in conflict with Section 34 of the Judiciary Act of 1789.2 Unless otherwise required by Constitution, treaty, or Act of Congress, federal judges are required to apply, in the cases that are brought before them, the "laws of the several states."

Date of Authorship for this Version

1941

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