Can Dying Be Good For Your Career?

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. Michael Yuri says:

    “In Jackson’s case, the calculation is complicated by the fact that he was (apparently) a spendthrift, and thus his net income was also boosted once he died because he was no longer spending the money.”

    The question that occurs to me (knowing next to nothing about the law in this area) is whether we should view the estate as only representing the interests of Jackson’s heirs, or instead as basically standing in the shoes of the deceased.

    My gut instinct would be the latter, in which case the spendthrift argument can’t possibly work. From the deceased’s point of view, the financial loss is not just the money that would have been left over for his heirs, but all of the income that would have gone to his own personal consumption.

    Offsetting the financial gains from the death seems somewhat more plausible to me. If the estate can recover his entire future earnings potential had he lived, then the extra income resulting directly from the death seems like a windfall. It seems wrong though to offset these purely financial benefits against damages for intangible harms like loss of consortium.