An Interesting Coincidence

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Dan Cole says:

    The obvious implication is that the Supreme Court’s decision in Maxwell v. Dow killed Bingham. :-)

  2. Shag from Brookline says:

    The theory of originalism fails to furnish a firm ground as well, regardless of the version of originalism in vogue. Justice Peckham in the quote addressed only the framers, not the ratifiers or the then public understanding of the phrase, as 1900 was 8 decades prior to Ed Meese’s theory of original intent.

    I’m curious whether Gerard’s research reveals any views expressed by Bingham on Maxwell v. Dow during such three weeks.

  3. Joe says:

    Having Lyman Trumbull (senator at the time of the amendment) on his side didn’t help Mr. Presser in Presser v. Illinois either.

  4. Gerard Magliocca says:

    As Bingham was in the final stages of dementia in 1900, it’s safe to say that he had no reaction.