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Publication

The Laws of the Several States

Corbin, Arthur
Abstract
There is no "federal general common law." Swift v. Tyson has been overruled, as being both "unconstitutional" and in conflict with Section 34 of the Judiciary Act of 1789.2 Unless otherwise required by Constitution, treaty, or Act of Congress, federal judges are required to apply, in the cases that are brought before them, the "laws of the several states."