3. Does it make sense to have the federal courts promulgate general, uniformly applied commercial laws? Why

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3. Does it make sense to have the federal courts promulgate general, uniformly applied commercial laws? Why should a person suing in federal court in Oklahoma not receive the same remedy as a person suing in federal court in Vermont? On the other hand, if a federal court sitting in diversity is forced to apply the forum state’s court decisions, what advantage would a party have in going to federal court? How might a uniform federal rule of decision in commercial matters have affected the nation’s economic development? See Freyer, Harmony

& Dissonance: The Swift & Erie Cases in American Federalism (1981).

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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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