The Reasons for Extramajoritarian Rules

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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2 Responses

  1. Josh Chafetz says:

    Another reason might be that their “use” understates their importance because the relevant actors bargain in the shadow of these “extramajoritarian” rules. You sometimes hear this in discussions about the discharge petition in the House — that the majority leadership may allow a bill to come to the floor that it would otherwise block in order to forestall a discharge petition.

  2. Gerard Magliocca says: