Constitutional Problems Under Nationalization

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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3 Responses

  1. A.W. says:

    No precedent? i don’t know what you are talking about.

    There is the post office, state and even federally owned colleges. Fannie Mae and Freddie Mac. The Bank of the United States (back when it existed). As much as I wish the Supremes would come in and save us from this nightmare, i can’t think of any principled constitutional reason to do so.

  2. Carlton Larson says:

    Fascinating post, Gerard, particularly the state action issue. One analogy might be failed banks that are under direct FDIC control; are these state actors? For what it’s worth, my home state of North Dakota has two “socialized” industries, the Bank of North Dakota and the State Mill and Elevator, both of which are businesses wholly owned by the state.

  3. Train rider says:

    I would suppose that many, if not all, of these questions have been addressed by the courts with respect to Amtrak.