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

#7-Erie



The legislative history comes into play by Justice Brandeis looking to 
the history of the Rules of Decisions act, and the history of confusion 
and misinterpretations of the Swift doctrine.  The judge said that the 
fallacy of the Swift docrtine leads him to reevaluate the doctrine 
because of the unconstitutionality that has been attached to it for a 
century.