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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... "
The American Law Journal - Side 118
av John Elihu Hall - 1817
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The Constitution in the Supreme Court: The Second Century, 1888-1986, Volum 2

David P. Currie - 1994 - 682 sider
...forum.206 200 See Judiciary Act of Sept. 24, 1789, § 34, 1 Stat. 73, 92, codified at 28 USC § 725 C[T]he laws of the several states, except where the constitution,...require or 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"); Warren,...
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Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789

Maeva Marcus - 1992 - 321 sider
...Government of the United States and of the Commonwealth of Virginia (1803), 4:350n. Section 34 provided that "the laws of the several states, except where...require or 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." 52....
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Reform and Regulation of Property Rights

1997 - 452 sider
...11842). 1" See Judiciary Act of Sept 24, 1789. 5 34, I Stat. 73. 92. codified at 28 USC § 725 1'[T]he laws of the several states, except where the constitution,...require or 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"); Charles...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas M. Cooley - 2011 - 770 sider
...436; Stunner v. Hicks, 2 Black, 532. The Judiciary Act of 1789 recognizes this principle in providing that " the laws of the several States, except where...require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, where they apply." Sec. 34. In...
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Leo Strauss, the Straussians, and the American Regime

Kenneth L. Deutsch, John Albert Murley - 1999 - 474 sider
...question arose because Section 34 of the Judiciary Act of 1789, enacted by the First Congress, provides, "The laws of the several states, except where the Constitution, treaties, or statutes shall otherwise provide or require, shall be regarded as rules of decision in trials at common law...
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Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the ...

Edward A. Purcell - 2000 - 446 sider
...1970), esp. 403-20. 94 The Rules of Decision Act, Section 34 of the Judiciary Act of 1789, provided: That the laws of the several states, except where...require or 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." i Stat....
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History of the Sherman Law

Albert H. Walker - 2000 - 344 sider
...case, in pursuance of Section 721 of the Revised Statutes of the United States, which section provides that "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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Historic U.S. Court Cases: An Encyclopedia, Volum 1

John W. Johnson - 2001 - 608 sider
...Section 34 of the Judiciary Act of 1789, which governed common-law trials in the federal courts, stated that "the laws of the several states, except where...require or provide, shall be regarded as rules of decision in trials of common law in the courts of the United States in cases where they apply." In...
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Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of ...

Ralph A. Rossum - 2001 - 324 sider
...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 where...require or 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...
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The Slaveholding Republic: An Account of the United States Government's ...

the late Don E. Fehrenbacher - 2002 - 486 sider
...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...require or 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,...
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