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Why do Brandeis and Story interpret the Rules of Decision Act differently?
Brandeis and Story come out differently in their analysis because Brandeis had
the added value of hindsight – he had observed the path that Swift set in
motion and determined that its effect created unconstitutional results. Story
also focused on the distinction between laws created by the state legislature
and common law, and found that state common law was not binding on the federal
courts. In re-examining this, Brandeis determined that the federal courts
should not make a distinction between a state's statutory and common law.