The Private Action Requirement

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. Chris says:

    The commerce-clause precedents since Jones & Laughlin speak repeatedly of “activity” or “activities.” E.g., Lopez, 514 U.S. at 558 (“three broad categories of activity that Congress may regulate under its commerce power”).

  2. TJ says:

    Well, since Randy is mainly trying to combat those who say his argument is a dead loser, going from “sure loser” to “jurisprudential wash” is a pretty big advance.

  3. BDG says:

    Of course, the fact that taxes on the uninsured are anything but unprecedented,, should probably have some bearing on the argument…