Slippery Slopes

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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4 Responses

  1. Shag from Brookline says:

    Once again, Justice Scalia’s scales of justice are tested by the slippery slope, perhaps with the blindfold a bit askew. He has projected, it seems, more slippery slopes-dissents than any other Justice (at least presently on the Court). As the master of the slippery slope, in Heller he pre-empted the dissents’ slippery Second Amendment slopes arguments with his dicta on some limitations on Second Amendment absolutism (which dicta was furthered in McDonald v. Chicago at the state level). The Court has not returned to the Second Amendment as yet regarding lower court tests of the Scalia dicta but several cases loom in the sights of the Justices to “Cert.” While Scalia’s slippery slope dissents seem to have leveled off any long-lasting effects, the real test may be Scalia’s pre-emption attempt in Heller. Consider that after “smart phones,” we have “smart guns.” Who knows, with technological advances, these “smarties” can be combined, perhaps presenting a clash of the First Amendment with the Second Amendment. Constitutional slaloming can be fun, even on a honeymoon.

  2. David Glenn says:

    This tactic may over-used but still lot of law practitioners are doing it.

  3. Jones Lebond says:

    I can’t seem to find any sites on the minority and concurring opinion of Grutter vs. Bollinger. Can someone help me out?
    Thank you. :)

  4. Shag from Brookline says:

    Inspired by this post, I submit to Gerard this verse as a wedding gift that might inspire him on his return to active duty to follow up on this topic.


    Constitutionally slaloming
    Down this “Slippery Slope,”
    Dangerous like Etna erupting-
    Or merely a literary trope.