2. According to Swift, what is the source of the federal courts authority to develop and apply...

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2. According to Swift, what is the source of the federal courts’ authority to develop and apply general common law rules in cases heard within the grant of diversity jurisdiction? Is Justice Story’s reading of the words “the law of the several states” in the Rules of Decision Act the only plausible reading of the statute? What are the competing interpretations? See Ritz, Holt & Larue, Rewriting the History of the Judiciary Act of 1789: Exposing Myths, Challenging Premises, and Using New Evidence (1990).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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