Formalists vs. Pragmatists

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. Bruce Boyden says:

    That’s interesting. I’m curious how many opponents of the Supreme Court’s decision in Eldred (“really limited”) also oppose the ACA mandate. My guess: not many.

  2. TJ says:

    Bruce, very likely more than you think. Remember that the dissenter in Eldred in the lower court was David Sentelle.

    As for Gerard’s broader point, it is an interesting way to look at things. But Justice Breyer is usually thought of as the Court’s leading pragmatist, while Justices Scalia and Thomas are considered formalists.