Swift v. Tyson questions

 

What was the rule of decision as to which a conflict existed?

 

What two sovereigns offered conflicting rules?

 

Characterize Swift as a "false conflict," if you can.

 

Justice Story deprives state judicial opinions of the status of "laws." What status does he give his general holder-in-due-course rule? What is the source of that rule? Why does it have higher status than the decisions of the New York state courts?

 

Do you know of any aspect of international law that resembles the general "holder-in-due-course" rule in terms of its pedigree and the process used to explore its sources?

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