The Highest Court

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. Bruce Boyden says:

    I think what this shows is the changed role the court now plays in our society, probably as a result of Brown and the Civil Rights Movement. It’s become politically unthinkable to defy the court in this manner that it wasn’t in 1935.

  2. Ken Rhodes says:

    “John Marshall has made his decision. Now let him enforce it.”

    Goes back a long way, doesn’t it?

  3. I think it’s because the Court has become so deferential that occasions to defy the Court are much more limited than FDR, who was trying t vastly expand the scope of government before the will of the Court had been broken, faced. Generally limited to cases at the very margin, where public opinion wouldn’t back up the elected branches because they’re trying to do something quite controversial in the first place.