The Blogging Marathon Continues

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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1 Response

  1. Andrew Selbst says:

    It’s right to compare this to NAMUDNO. The major similarity is that they’re both Roberts opinions with the gratuitous dicta you mentioned in a post earlier. I agree completely with you that it’s putting the lie to his “minimalism,” but I don’t think it’s because he’s the swing vote. I think he thinks it’s easier to enshrine his vision of the Constitution over a series of long cases creating established precedent and slow movement, so as to avoid the Roe v. Wade problem. So he’s writing these speeches, inviting more litigation, waiting for his chance. Hence the Section 5 cases coming up next year, as well as, arguably, Parents Involved (plurality opinion didn’t control, so same effect) -> Fisher.