[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

legislative history....

Justice Brandeis seems to have placed a lot of weight on the fact that an
earlier draft of the Judiciary Act which included the "unwritten or common law
now in use" of the several states to come to the conclusion that the common
law was indeed included in the Act and therefore the federal courts were bound
by state common law when deciding issues in diversity cases.