Part III introduces the Rules of Decision Act (RDA) (13) as the
THE RULES OF DECISION ACT AS A LIMITATION ON FEDERAL COMMON
The Rules of Decision Act has been the subject of renewed scholarly
Wasson, Jr., Resolving Separation of Powers and Federalism Problems Raised by Erie, the Rules of Decision Act
, and the Rules Enabling Act: A Proposed Solution, 32 CAP.
The Supreme Court analyzed these cases under the Rules of Decision Act  and proposed a number of different tests and rationales to use in making this determination.
When no conflicting federal law exists, Hanna affirmed that the case must be decided under the Rules of Decision Act, and the opinion contains extensive dicta on how a federal court should then proceed.
By contrast, the Rules of Decision Act, which declares that "It]he laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply," (92) originated as section 34 of the Judiciary Act of 1789.
But I actually owe these insights about the Rules of Decision Act to Lee Liberman Otis, to whom I am grateful.
the Rules of Decision Act Blocks Supreme Federal Common Law, 83 NW.
interpretation of the federal Rules of Decision Act. The Rules of
Only the Rules of Decision Act escapes the sweep of Lawson's sweepingly narrow view of the Sweeping Clause, but only because Lawson thinks it "an exhortation rather than a regulation," being merely "declaratory" of what the Constitution requires in any event.
And I think I should be able to get them, because this time I've got Lawson dead to rights: His two key concessions--first, the nuclear alternatives of impeachment and nonexecution as constitutionally legitimate checks on the courts; and second, the legitimacy (or at least harmlessness) of the Rules of Decision Act as a statute declaratory of what should be understood as the proper constitutional rule in any event--give away the whole ballgame.