Felix Frankfurter

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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6 Responses

  1. alkali says:

    Frank Murphy, whom Frankfurter openly derided when he was on the Court, also wrote some opinions that hold up very nicely.

  2. Patrick says:

    How about his dissent in Lincoln Mills?

  3. Joe says:

    Maybe Rochin v. California.

  4. Anon. says:

    You’re right, but in one respect your comparison is unfair: Justice Jackson’s writing blows away that of every other justice.

  5. Michael says:

    In his favor: (1) He writes a lot better than most of us do in our second language. (2) In the ad law world, his opinion in Universal Camera v. NLRB remains important.

    Against him: (1) Dissent in Baker v. Carr. (2) Dissent in W. Va. Board of Ed v. Barnette.

    Depends on who you ask: It was apparently Frankfurter who came up with, and insisted on, the oxymoronic “all deliberate speed” in Brown II (though he got the phrase from Holmes, who got it from somewhere else).

  6. Len Rotman says:

    What about S.E.C. v. Chenery Corp., 318 U.S. 80 (1943), where he said:

    “… to say that a man is a fiduciary only begins analysis; it gives direction to further inquiry. To whom is he a fiduciary? What obligations does he owe as a fiduciary? In what respect has he failed to discharge these obligations? And what are the consequences of his deviation from duty?”

    This is a seminal reference in fiduciary law, where far too often judges fail to follow this sage advice.