Rolling the Dice in California

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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4 Responses

  1. joe says:

    This may be randomness-glee overspilling from the prop. 11 implementation mechanism which requires random draws from qualified pools of candidates in two places.

  2. Tom says:

    I can’t help but think Buckley would have had a different opinion of the collected telephone directories of Fresno, Berkeley, Santa Barbara, Humboldt County, Santa Cruz, Laguna Beach, Torrance, etc., etc.

  3. A.J. Sutter says:

    Random selection of legislators was a technique used in ancient Athens. See Chap. 1 of Bernard Manin’s The Principles of Representative Government (English version: 1997).

    As for Buckley, it may be pertinent that he was a staunch Yale man.

  4. JrL says:

    Missouri uses random selection for its “Citizens commission on Compensation of Elected Officials”: “One member of the commission shall be selected at random by the secretary of state from each congressional district from among those registered voters eligible to vote at the time of selection.” Mo Const. Art XIII Sec 3. I have no idea how many draws the Secretary of State has to go through before getting someone who accepts the job, but those who do come take their responsibility very seriously. Whether they tend to follow the members selected by state officials, however, is something I don’t think anyone has studied.