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The Judiciary Act of 1789, § 34, 1 Stat. 73, 92 (Sept. 24, 1789)

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Henry J. Friendly, In Praise of Erie —And of the New Federal Common Law , 39 N.Y.U. L. R EV . 383, 421 (1964) 1) spontaneous generation as in the cases of government contracts or interstate controversies.

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slide1

Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

1) spontaneous generation as in the cases of government contracts or interstate controversies

slide2

Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

  • 1) spontaneous generation as in the cases of government contracts or interstate controversies
  • implication of a private federal cause of action from a statute providing other sanctions
slide3

Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

  • 1) spontaneous generation as in the cases of government contracts or interstate controversies
  • implication of a private federal cause of action from a statute providing other sanctions
  • construing a jurisdictional grant as a command to fashion federal law
slide4

Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

  • 1) spontaneous generation as in the cases of government contracts or interstate controversies
  • implication of a private federal cause of action from a statute providing other sanctions
  • construing a jurisdictional grant as a command to fashion federal law
  • the normal judicial filling of statutory interstices.
slide5

The Judiciary Act of 1789, § 34, 1 Stat. 73, 92 (Sept. 24, 1789)

SEC. 34. And be it further enacted, That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.

slide16

United States v. Kimbell Foods, Inc.

District Court: federal law

slide17

United States v. Kimbell Foods, Inc.

District Court: federal law, tax rules

slide18

United States v. Kimbell Foods, Inc.

District court: federal law, tax rules

Circuit court: federal law,

slide19

United States v. Kimbell Foods, Inc.

District court: federal law, tax rules

Circuit court: federal law, new rules

slide20

United States v. Kimbell Foods, Inc.

District court: federal law, tax rules

Circuit court: federal law, new rules

Supreme Court: federal law,

slide21

United States v. Kimbell Foods, Inc.

District court: federal law, tax rules

Circuit court: federal law, new rules

Supreme Court: federal law, state rules

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