The Incorporation of the Seventh Amendment

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.

You may also like...

3 Responses

  1. Brett Bellmore says:

    “As an aside, why twenty dollars? There must be a story there.”

    The Spanish “Dollar” was a widely used coin in international commerce at the time the Constitution was adopted. It was legal tender in the US until shortly before the Civil war. Twenty Dollars amounted to approximately an even pound of silver.

  2. Gerard Magliocca says:

    Thanks Brett.

  3. Tim moran says:

    for how the right to civil jury trials in the states at the time of the Fourteenth Amendment’s adoption see Steven G. Calebresi and Sarah E. Agudo, “Individual Rights Under State Constitutions when the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition?,” 87 Tex. L. Rev. 7. This article was cited by the majority in McDonald to support selective incorporation of the second amendment.

    As to how civil practice would be changed, incorporation would require jury trials in statutory actions unknown at common law where legal rights are determined, and where a jury is currently denied, Feltner v. Columbia Pictures Television Inc., 523 U.S. 340, 348 (1998); and it might invalidate statutory damage caps Feltner, 523 U.S., at 353-354