The Greatest Supreme Court Opinion?

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. Joe Miller says:

    Curious – What’s the best Admiralty casebook?

  2. Joe says:

    Harlan is much respected, including by various recent justices, for his professionalism. In the area of privacy and unenumerated rights generally, his dissenting opinion of Poe v. Ullman is another well respected opinion.

  3. JAD says:

    When I took Constitutional Law in college, we were required to subscribe to the Supreme Court’s slip opinions, and it was in perusing these cases that I stumbled across this marvelous opinion. It is, frankly, the most brilliantly crafted opinion that I have ever read. No other Justice but Harlan would have spent half the time dispensing with this uncontroversial case – and none could have done it better.

    In reading the opinion, it is important to remember that Harlan really revered the concept of stare decisis and that overruling an over 80 year old precedent was not small matter for him. Thus, in doing so, Harlan ensured that The Harrisburg would receive a very respectful funeral.

    Thanks for reviving my memory of this great opinion.