2. How does the federal common law rule recognized in Clearfield Trust differ from general common law

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2. How does the federal common law rule recognized in Clearfield Trust differ from general common law under Swift v. Tyson? Is the former rule binding on the states but the latter rule is not? Is your answer constitutionally compelled? See Meltzer, State Court Forfeitures of Federal Rights, 99 Harv. L. Rev. 1128, 1167–71 (1986).

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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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