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Books Books 101 - 110 of 112 on that the laws of the several States, except where the Constitution, treaties, or....
" 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... "
Hazard's Register of Pennsylvania - Page 132
1835
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Federalism, the Supreme Court, and the Seventeenth Amendment : the Irony of ...

Ralph A. Rossum - Political Science - 2001 - 307 pages
...states, the Senate also provided in Section 34 — what has come to be known as the Rules of Decision Act — that "the laws of the several States, except...provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply."76 In a further nod to...
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The Slaveholding Republic: An Account of the United States Government's ...

the late Don E. Fehrenbacher - History - 2002 - 480 pages
...111:16. 19. RD, 1o Cong., i sess., 1o16-17. Section 34 of the act of September 14, 1789, declared: "The laws of the several states, except where the...provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply." SAL, 1: 91. 1o. See, for...
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The Indian Reorganization Act: Congresses and Bills

Vine Deloria - Political Science - 2002 - 434 pages
...of problems of proof peculiar to the cases before the court. SECTION 12. The statutes and decisions of the several States, except where the Constitution, treaties, or statutes of the United States, or the charters or ordinances of Indian communities or orders of executive departments...
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Recueil Des Cours, Collected Courses, Volume 295 (2002)

Arthur Taylor Von Mehren, Academie de Droit International de la Haye - Law - 2003 - 432 pages
...Swift, the Supreme Court held that Section 34 of the Judiciary Act of 1789, Chapter 20, which provided that "[t]he laws of the several states, except where...shall be regarded as rules of decision, in trials at common law, in cases where they apply", did not direct federal courts to follow state laws except...
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The Waite Court: Justices, Rulings, and Legacy

D. Grier Stephenson - Law - 2003 - 349 pages
...Taney-era case of Swift v. Tyson (1842). Section 34 of the landmark Judiciary Act of 1789 had decreed that "the laws of the several States, except where...otherwise require or provide, shall be regarded as the rules of decision in trials at common law in the courts of the United States in cases where they...
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Codification in the British Empire and America

Maurice Eugen Lang - History - 1924 - 204 pages
...federal courts. With regard to the last-named courts the Judiciary Act of 1789 section 34 2, requires that "the laws of the several states, except where...provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply". This section has been...
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American Law in a Global Context: The Basics

George P. Fletcher, Steve Sheppard - Law - 2005 - 682 pages
...by § 34 of the Federal Judiciary Act of September 24, 1789, c. 20, 28 USC § 725, which provides: The laws of the several States, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common...
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Das Spiegelbildprinzip im Rechtsverkehr mit ausländischen ...

Christoph Schärtl - Law - 2005 - 298 pages
...Act" bekannt gewordenen und bis heute nur leicht verändert fortgeltenden3'2 - Section 34 vor, dass „The laws of the several States, except where the constitution, treaties or Statutes of the United States otherwise shall require or provide, shall be regarded äs rules of decision in trials...
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Constituting Empire: New York and the Transformation of Constitutionalism in ...

Daniel J. Hulsebosch - Law - 2006 - 496 pages
...law was the default law of its courts. In Section 34 of the Judiciary Act of 1789, Congress provided that "the laws of the several states except where the Constitution, treaties or statutes or the United States shall otherwise require or provide, shall be regarded as rules of decision in...
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Litigating in America: Civil Procedure in Context

Stephen Subrin, Margaret Y. K. Woo - Law - 2006 - 303 pages
...laws of the several States, except where the Constitution, treatises, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials of at common law, in the courts of the United States, in cases where they apply. ' In Erie, Justice Brandeis...
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