Norman Spaulding has treated the framing hammer as a discursive metaphor for the Erie doctrine's dramatic reversal of Swift v. Tyson.

However, in the case of Swift v. Tyson, 41 U. S. 1 ( 1842 ), the Supreme Court had held that the federal courts need not also apply the court-made common law of the states.

The Court, in an opinion by Associate Justice Brandeis, examined the manipulations and opportunistic practices of litigants that had resulted from the rule of Swift v. Tyson and determined that " in attempting to promote uniformity of law throughout the United States, the doctrine had prevented uniformity in the administration of the law of the state.

Until 1938, federal courts in America followed the doctrine set forth in the 1842 case of Swift v. Tyson.

The reasoning behind the decision in Swift v. Tyson was that the federal courts would craft a superior common law, and the states would choose to adopt it.

Erie overruled Swift v. Tyson, holding instead that federal courts exercising diversity jurisdiction had to use all of the same substantive laws as the courts of the states in which they were located.

The case overturned Swift v. Tyson, which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state, in cases based on diversity jurisdiction.

The Supreme Court's decision in Swift v. Tyson had defined the laws of the state as meaning only laws passed by legislatures of that state ( though Justice Joseph Story writing for the court suggested that federal courts should pay special attention to how the " local tribunals " of a state would resolve a dispute ).

Swift v. Tyson,, was a case brought in diversity in the Circuit Court for the Southern District of New York on a bill of Exchange accepted in New York in which the Supreme Court of the United States determined that United States federal courts hearing cases brought under their diversity jurisdiction pursuant to the Judiciary Act of 1789 must apply the statutory law of the states when the state legislature of the state in question had spoken on the issue but did not have to apply the state's common law in those cases in which that state's legislature had not spoken on the issue.

# REDIRECT Swift v. Tyson

# REDIRECT Swift v. Tyson

Swift, in the Dublin edition of A Preface to the Bishop of Sarum's Introduction, indicated his feelings by including Molesworth, along with Toland, Tindal, and Collins, in the group of those who, like Burnet, are engaged in attacking all Convocations of the clergy.

On this issue, then, as on so many in these months, Steele and Swift took rigidly opposed points of view.

In the early months of 1714, the battle between Swift and Steele over the issue of the Succession entered its major phase.

In answer to The Crisis, Swift produced The Publick Spirit Of The Whigs, his most extensive and bitter attack on his old friend.

Steele lost his seat in Parliament, and his personal quarrel with Swift, by now a public issue, thus reached its climax.

Hanoverian agents assisted in promoting circulation, said to have reached 40,000, and if one may judge by the reaction of Swift and other government writers, the work must have had considerable impact.

In this connection, Swift, too, is drawn in for attack: `` The Author of The Conduct Of The Allies has dared to drop Insinuations about altering the Succession ''.

but there is much here also which bears directly on his personal quarrel with Swift.

As notable examples of this abuse, he quotes passages from the Examiner, `` that Destroyer of all things '', and The Character of Richard Steele, which he here attributes to Swift.

The final section of this pamphlet is of special interest in a consideration of Steele's relations with Swift.

It purports to be a letter from Steele to a friend at court, who, in Miss Blanchard's opinion, could only be meant as Swift.

If `` Jack the Courtier '' is really to be taken as Swift, the following remark is obviously Steele's comment on Swift's change of parties and its effect on their friendship: `` I assure you, dear Jack, when I first found out such an Allay in you, as makes you of so malleable a Constitution, that you may be worked into any Form an Artificer pleases, I foresaw I should not enjoy your Favour much longer ''.

in the opening paragraph, too, Steele is accused of extreme egotism, of giving `` himself the preference to all the learned, his contemporaries, from Dr. Swift himself, even down to Poet Cr--spe of the Customhouse ''.

Here, then, is what Swift would have called a modest proposal by way of a beginning.

The promotion of Robert E. Swift to the position of Assistant Manager of the Interference Control Field Service Department was announced early in December by Frederick S. Scarborough, Manager of Interference Control Field Service.

but the picture of Tom Swift is pretty sinister.

A Modest Proposal for Preventing the Children of Poor People From Being a Burden on Their Parents or Country, and for Making Them Beneficial to the Publick, commonly referred to as A Modest Proposal, is a Juvenalian satirical essay written and published anonymously by Jonathan Swift in 1729.

Swift suggests that impoverished Irish might ease their economic troubles by selling their children as food for rich gentlemen and ladies.

Swift goes to great lengths to support his argument, including a list of possible preparation styles for the children, and calculations showing the financial benefits of his suggestion.

Readers unacquainted with its reputation as a satirical work often do not immediately realize that Swift was not seriously proposing cannibalism and infanticide, nor would readers unfamiliar with the satires of Horace and Juvenal recognize that Swift's essay follows the rules and structure of Latin satires.

The satirical element of the pamphlet is often only understood after the reader notes the allusions made by Swift to the attitudes of landlords, such as the following: " I grant this food may be somewhat dear, and therefore very proper for Landlords, who as they have already devoured most of the Parents, seem to have the best Title to the Children.

" Swift extends the metaphor to get in a few jibes at England ’ s mistreatment of Ireland, noting that " For this kind of commodity will not bear exportation, and flesh being of too tender a consistence, to admit a long continuance in salt, although perhaps I could name a country, which would be glad to eat up our whole nation without it.

George Wittkowsky argued that Swift ’ s main target in A Modest Proposal was not the conditions in Ireland, but rather the can-do spirit of the times that led people to devise a number of illogical schemes that would purportedly solve social and economic ills.

Swift was especially insulted by projects that tried to fix population and labor issues with a simple cure-all solution.

In response, Swift ’ s Modest Proposal was " a burlesque of projects concerning the poor ", that were in vogue during the early 18th century.

* September 4 – Vietnam War – Operation Swift: The United States Marines launch a search and destroy mission in Quang Nam and Quang Tin Provinces.

The house on wheels that Tom invents in 1929's Tom Swift and His House on Wheels pre-dated the first house trailer by a year, and Tom Swift and His Diving Seacopter ( 1952 ) features a flying submarine similar to one planned by the United States Department of Defense four years later in 1956.

In addition to publication in the United States, Tom Swift books have been published extensively in England, and translated into Norwegian, French, Icelandic, and Finnish.

* HSV-2 Swift, a non-commissioned catamaran leased by the United States Navy

* Allan Byron Swift an Emmy award – winning broadcaster, served as a member of the United States House of Representatives from 1979 to 1995.

Swift Trail Junction is a census-designated place ( CDP ) in Graham County, Arizona, United States.

According to the United States Census Bureau, the town has a total area of, of which, of it is land and of it ( 5. 40 %) is water. The town lies along the western edge of the Quabbin Reservoir, its town line following the former path of the West Branch of the Swift River, which once flowed through the town.

Appleton is a city in Swift County, Minnesota, United States.

Appleton Township is a township in Swift County, Minnesota, United States.

Benson is a city in Swift County, Minnesota, United States, which is located along the Chippewa River.

Benson Township is a township in Swift County, Minnesota, United States.

Camp Lake Township is a township in Swift County, Minnesota, United States.

Cashel Township is a township in Swift County, Minnesota, United States.

Clontarf is a city in Swift County, Minnesota, United States.

Clontarf Township is a township in Swift County, Minnesota, United States.

Danvers is a city in Swift County, Minnesota, United States.

Dublin Township is a township in Swift County, Minnesota, United States.

Edison Township is a township in Swift County, Minnesota, United States.

Fairfield Township is a township in Swift County, Minnesota, United States.

Hayes Township is a township in Swift County, Minnesota, United States.

Hegbert Township is a township in Swift County, Minnesota, United States.

Holloway is a city in Swift County, Minnesota, United States.

Kerkhoven is a city in Swift County, Minnesota, United States, located roughly west of the Twin Cities region of Minneapolis / St.

Kerkhoven Township is a township in Swift County, Minnesota, United States.