(Download) "What Story Got Wrong - Federalism, Localist Opportunism and International Law. (US Supreme Court Justice Joseph Story) (Symposium)" by Missouri Law Review * Book PDF Kindle ePub Free

April 08, 2021

eBook details

Title: What Story Got Wrong - Federalism, Localist Opportunism and International Law. (US Supreme Court Justice Joseph Story) (Symposium)
Author : Missouri Law Review
Release Date : January 22, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 317 KB

Description

I. INTRODUCTION In Swift v. Tyson, Justice Story argued that the rules of commercial law were too important to be localized. (1) The case involved a negotiable instrument. This specialized contract depends on wide circulation and acceptance for its value. Uniform rules promote these qualities, and an international body of legal rules already existed for this instrument. (2) Story concluded that federal courts, in the exercise of their diversity jurisdiction, should construe their statutory authority so as to disregard local rules that might obstruct the construction of a national common market in harmony with the international financial community. (3) Accordingly, the Court ruled that the federal judiciary could ignore a rule developed by the courts of New York, even though New York law governed the negotiable instrument in question.