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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... "
United States Supreme Court Reports - Page 310
by United States. Supreme Court - 1894
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The Constitution in the Supreme Court: The Second Century, 1888-1986, Volume 2

David P. Currie - History - 1994 - 682 pages
...the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as...of the United States in cases where they apply"); Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARV. L. REV. 49 (1924)....
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Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789

Maeva Marcus - Law - 1992 - 320 pages
...the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as...the courts of the United States in cases where they apply."1 Unraveling the ambiguities inherent in the Judiciary Act, over the forty-odd years of its...
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The Age of Federalism: The Early American Republic, 1788-1800

Stanley Elkins, Stanley M. Elkins, Eric McKitrick - History - 1995 - 925 pages
...was brought. This, plus the provision in Section 34 that "the laws of the several states . . . shall be regarded as rules of decision in trials at common law in the courts of the United States," would in effect prevent the development of a body of national common law. Consequently...
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Reform and Regulation of Property Rights

James W. Ely (Jr.) - Eminent domain - 1997 - 426 pages
...the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as...of the United States in cases where they apply"); Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 Harv. L. Rev. 49...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - Law - 1998 - 298 pages
...interpretation of section 34 of the Judiciary Act of 1789, "that the laws of the several States . . . shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply," and in particular whether the "laws of the several States" includes precedents of their courts, even...
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Leo Strauss, the Straussians, and the American Regime

Kenneth L. Deutsch, John Albert Murley - Philosophy - 1999 - 451 pages
...states, except where the Constitution, treaties, or statutes shall otherwise provide or require, shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply." Anastaplo argues, as did Crosskey, that Section 34 did not have to be made any more explicit than it...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Law - 1999 - 720 pages
...the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as...decision in trials at common law in the courts of the United States, where they apply." Sec. 34. In Suydam v. Williamson, 24 How. 427, the Supreme Court...
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History of the Sherman Law

Albert H. Walker - Law - 2000 - 320 pages
...laws of the several states, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as...courts of the United States in cases where they apply." The plaintiffs responded that Section 721 of the United States Revised Statutes did not operate to...
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Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the ...

Edward A. Purcell - Law - 2000 - 417 pages
...the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as...courts of the United States in cases where they apply." i Stat. 92 (1789). The provision had remained essentially unchanged since 1789. 95 Although the Swift...
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A Nation of States: Federalism at the Bar of the Supreme Court

Kermit L. Hall - Law - 2000 - 446 pages
...Judiciary Act of 1789, ch. 20, 11, 1 Slat. 73, 78. " "[T]he laws of the several states . . . shall be regarded as rules of decision in trials at common...courts of the United States in cases where they apply." Id. 34, 1 Slat. at 92. M 16 US (13 Wheat.) at 221-23. " Id. at 221. M See Act of May 8, 1792, ch....
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