Originalism and Benjamin Franklin

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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6 Responses

  1. Shag from Brookline says:

    I noted the agenda for the conference at the Originalism Blog and saw that Martin Redish was a participant. His recent extensive article skewering both originalism and non-textualism is in the Florida Law Review that this Blog posted recently. I wonder how Prof Redish was receiveved by originalists in attendance.

  2. Shag from Brookline says:

    Seriously Gerard, do you really wonder about what may have been back in those days a “pick-up” line by a womanizer in terms of originalism? Of course the Constitution had no specific provision for a methodology for interpreting/construing it.

  3. Joe says:

    Shag and Ben would in effect be about the same age (close enough), so hey, I’m sympathetic to the insight.

  4. Shag from Brookline says:

    I frequently lunched (and imbibed) at Ben’s Bar of Maison Robert in the Old Boston City Hall around the corner from my law office. On warm days, I used to enter via the patio and always looked up to the tall Ben F. still standing there, but Ben’s Bar (and Maison Robert) is no more, having been replaced by a national steak house where a penny saved is meaningless.

  5. prometheefeu says:

    Shag, did you meet Nino when you visited? I hear he spent a lot of time with Ben.

  6. Shag from Brookline says:


    According to Nino, the “Constitution is dead, dead, dead,” as is Ben I don’t think Nino could pass the bar at old Ben’s Bar, especially with all the liberal drinking that went on there. Besides, I never saw a bottle of Grappa even on the bottom shelf. And Ben preferred French wines, not Italian whines. If they had met, Ben probably would have told him to “Go fly a kite.”