...august corpus, to understand which clearly is the only task of any Court concerned. If there were such a transcendental body of law outside of any particular...obligatory within it unless and until changed by statute, the Courts of the United States might be right in using their independent judgment as to what it was....

...august corpus, to understand which clearly is the only task of any Court concerned. If there were such a transcendental body of law outside of any particular...obligatory within it unless and until changed by statute, the Courts of the United States might be right in using their independent judgment, as to what it was....

...independence." The fallacy underlying the rule declared in Swft v. Tyson is made clear by Mr. Justice Holmes.23 The doctrine rests upon the assumption that there...as to what the rules of common law are ; and that in the federal courts "the parties are entitled to an independent judgment on matters of general law":...

...independence." The fallacy underlying the rule declared in Swift v. Tyson is made clear by Mr. Justice Holmes.28 The doctrine rests upon the assumption that there...judgment as to what the rules of common law are; and that in the federal courts "the parties are entitled to an independent judgment on matters of general law":...

...The fallacy underlying the rule declared in Surift v. Tyson is made clear by Mr. Justice Holmes.23 The doctrine rests upon the assumption that there...judgment as to what the rules of common law are; and that in the federal courts "the parties are entitled to an independent judgment on matters of general law":...

...Court has not hesitated to read the com' Similarly, Mr. Justice Ho mes's statement that there is no "transcendental body of law outside of any particular...obligatory within it unless and until changed by statute" was made with reference to "matters that are not governed by any law of the United States or by any...

...the time. Once established, judicial momentum kept it going. Since it was conceived that there was "a transcendental body of law outside of any particular...obligatory within it unless and until changed by statute," 276 US 518, 532, 533, State court decisions were not "the law" but merely someone's opinion — to...

...the time. Once established, judicial momentum kept it going. Since it was conceived that there was "a transcendental body of law outside of any particular...obligatory within it unless and until changed by statute," 276 US 518, 532, 533, State court decisions were not "the law" but merely someone's opinion — to...

...august corpus, to understand which clearly is the only task of any court concerned. If there were such a transcendental body of law outside of any particular...obligatory within it unless and until changed by statute, the courts of the United States might be right in using their independent judgment as to what it was....

...common law], to understand which clearly is the only task of any Court concerned. If there were such a transcendental body of law outside of any particular...obligatory within it unless and until changed by statute, the Courts of the United States might be right in using their independent judgment as to what it was....