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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. AF says:

    With apologies, I want to comment on your post on Balkinization, where you write “Following the law and reading the Affordable Care Act in the most natural way (failing to buy health insurance leads to a penalty, not a tax) would have forced him to strike down the individual mandate.”

    What law, in particular, would have “forced” Justice Roberts to strike down the individual mandate under the Commerce Clause?

  2. Gerard Magliocca says:

    Well, under his view that the mandate was not authorized by any other power.

  3. AF says:

    Gotcha. I thought you were endorsing the idea that Roberts had a choice between following the law and reaching the right result. In fact, the dilemma, if there is one, arose only because of his choice to adopt a novel and questionable view of the law. But kudos to him, he was very skillful in freeing himself from an illusory trap of his own making. In the end, he did the right thing.