Inquiry

[Ilya Somin]

Thanks for the suggestion. Whether justices of the peace count as judges is, of course, a difficult judgment call.

Ilya Somin
Associate Professor of Law
Editor, Supreme Court Economic Review
George Mason University School of Law
3301 Fairfax Dr.
Arlington, VA 22201
ph: 703-993-8069
fax: 703-993-8202
e-mail: isomin at gmu.edu
Website: http://mason.gmu.edu/~isomin/
SSRN Page: http://ssrn.com/author=333339


----- Original Message -----
From: "Finkelman, Paul <paul.finkelman at albanylaw.edu>" <Paul.Finkelman at albanylaw.edu>
Date: Saturday, February 6, 2010 4:06 pm
Subject: RE: Inquiry

> William Marbury was appointed to a federal judgeship but of course 
> never served.  He was not a lawyer.  Some of the others appointed 
> with him were also non-lawyers, and they did get their 
> commissions.  I guess maybe the original question was meant to be 
> about Art. III judges, but who knows. 
> 
> I suspect the place to look for non-lawyers would be in the 
> federal territories as well.
> 
> The question also raises the issue of what constitutes a "lawyer." 
>  I assume "passed the bar" is the text. (so for example, James 
> Madison was NOT a lawyer even though he had  as good a legal 
> education as many lawyers).
> 
> 
> *************************************************
> Paul Finkelman, Ph.D.
> President William McKinley Distinguished Professor of Law
> Albany Law School
> 80 New Scotland Avenue
> Albany, NY 12208
> 
> 518-445-3386 (p)
> 518-445-3363 (f)
> 
> paul.finkelman at albanylaw.edu
> www.paulfinkelman.com
> *************************************************
> ________________________________________
> From: conlawprof-bounces at lists.ucla.edu [conlawprof-
> bounces at lists.ucla.edu] On Behalf Of Aynes,Richard L 
> [rlaynes at uakron.edu]Sent: Friday, February 05, 2010 4:40 PM
> To: Bezanson, Randall P; 'Conlawprof at lists.ucla.edu'
> Subject: RE: Inquiry
> 
> Unfortunately, I don't think Miller would really "come close."  
> I'm not a huge fan of Miller's. But he came to be admitted to the 
> bar (1847, Kentucky) like many lawyers of his generation.  His 
> father-in-law was a Judge and he appears to have studied law in 
> the Judge's office for two years before being admitted to the bar. 
> See generally Michael A. Ross's biography, Charles Fairman's 
> biography,  and DAB, ANB, or any similar reference book.
> 
> To be sure, there is some suggestion that Miller didn't have the 
> strong background & education in law that Justice Swayne did. 
> Miller tended to follow his own views of general principles 
> instead of specific precedents. But Miller was clearly a lawyer 
> admitted to the bar of Kentucky and then of Iowa and his education 
> was like Lincoln's and most of the lawyers of his generation.
> 
> 
> Richard L. Aynes
> U. of Akron
> 
> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-
> bounces at lists.ucla.edu] On Behalf Of Bezanson, Randall P
> Sent: Friday, February 05, 2010 4:23 PM
> To: 'Conlawprof at lists.ucla.edu'
> Subject: FW: Inquiry
> 
> 
> 
> -----Original Message-----
> From: Bezanson, Randall P
> Sent: Friday, February 05, 2010 3:22 PM
> To: 'Ilya Somin'; 'conlawprof-bounces at lists.ucla.edu '
> Subject: RE: Inquiry
> 
> Samuel Miller was close.  A doctor who also sat at the feet of a 
> lawyer and learned that trade too.  Moved to Iowa and later became 
> a Supreme Court Justice picked by Lincoln.
> 
> Randy Bezanson
> 
> -----Original Message-----
> From: On Behalf Of Ilya Somin
> Sent: Friday, February 05, 2010 2:15 PM
> To: Robert Bradley
> Cc: conlawprof at lists.ucla.edu
> Subject: Inquiry
> 
> I was wondering if anyone on the list happens to know whether 
> there has ever been a federal judge who was not a lawyer.
> 
> Thanks!
> 
> Ilya Somin
> Associate Professor of Law
> Editor, Supreme Court Economic Review
> George Mason University School of Law
> 3301 Fairfax Dr.
> Arlington, VA 22201
> ph: 703-993-8069
> fax: 703-993-8202
> e-mail: isomin at gmu.edu
> Website: http://mason.gmu.edu/~isomin/
> SSRN Page: http://ssrn.com/author=333339
> 
> 
> 
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