In 1918, the federal courts and in particular the Supreme Court had the power to declare and create binding law in commercial matters, such as bills and notes and torts such as negligence and business interference. This was under the doctrine of "Swift v. Tyson", 41 U.S. 1 (1842), which had held that the federal courts, when deciding matters not specifically addressed by the state legislature, had the authority to develop a federal common law. In 1938, in "Erie Railroad Co. v. Tompkins", 304 U.S. 64 (1938), the Supreme Court overruled "Swift v. Tyson". As Justice Brandeis wrote: