Quarterbacks and Justices

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. Karl says:

    If past nominations are any indications, Obama might do well to try to find a candidate he thinks will be conservative jurists and maybe even one that will overturn Roe v. Wade. This seems to have been (until recently perhaps) a sure fire way to ensure the types of justices Obama is sure to favor. (Think Souter, Kennedy, O’Connor, etc.)

  2. Howard Wasserman says:

    Within the past few years (maybe around the time of the election or maybe back during the Roberts/Alito confirmations), Jack Balkin wrote that one of the things that happens is that the major issues shift over the course of a justice’s career on the court. So a clearly reliable judicial ally on the issues of the day may not be so when the key issues change. Balkin used Frankfurter as the example–Frankfurter was appointed as a reliable supporter for the New Deal who was likely to uphold federal legislation. And he was and he did. But when the core issues shift 20 years later to civil liberties, Frankfurter was no longer a “liberal” stalwart on those issues.