alternatehistory.com

Swift v Tyson held that that federal government has to apply state statutory law when dealing with diversity jurisdiction cases, though state common law didn't have to apply. This paved the way for the federal judiciary to establish a federal common law, something that Justice Story hoped would make states converge with their own common laws and thus having a general common law for all levels of government. But in Erie, the Court overturned Swift and required federal courts to use also state common law in diversity jurisdiction.

What if Swift wasn't overturned, and how would that impact the federal judiciary, or the judicial system at all levels?

Canada and Australia have generalized common law at their national and sub-national levels. How do they compare to the current federal judiciary strongly limiting or outright banning a federal common law?
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