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Stuart v. Laird and the Judiciary Act of 1801

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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2 Responses

  1. Joe says:

    The term “inappropriate” has various connotations and I’m pretty unsure the midnight judges were unconstitutional, be it bad policy. The “anti-precedent” therefore seems to be of the norm sort that you addressed in one of your past posts. As to Laird, that is one of the thinnest opinions out there to decide a significant matter.

  2. John Dereszewski says:

    When the Commerce Court was abolished in the 1910′s, the judges who were appointed to it were assigned to other Federal Courts.This is probably how any abolition of a court would be implemented today, with the “firing” of the sitting judges being considered to be blatantly unconstitutional.