Crazy Justice McReynolds Stories I

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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5 Responses

  1. Bryan Gividen says:

    And for those who are un-familiar with Justice McReynolds, he refused to sit next to Justice Brandeis because McReynolds was deeply anti-semitic. He reportedly petitioned President Hoover not to “afflict the Court with another Jew,” among other despicable things.

  2. Calvino says:

    Oh, Gerry.

    Will your “writing” about the Four Horsemen all be like this?

    (By “this” I mean clumsy summaries of things found on Wikipedia?)

  3. Joe says:

    I was looking at Palko v. Connecticut (given the Amanda Knox / double jeopardy issue) and see that Justice Butler had another solo dissent w/o an opinion. Palko has the famous fundamental rights rule that is also cited in Snyder v. Massachusetts, which also had a dissent to upholding the government’s actions. There Butler joined a dissent.

    Butler might be boring (at least the professor here has noted he finds him boring), but his libertarian tendencies (see also, of course, his dissent w/o an opinion in Buck v. Bell) makes him an interesting character on some level.

  4. Gerard Magliocca says:

    Well, Butler was boring personally, not boring professionally.

  5. John Dereszewski says:

    Butler also dissented – this time with an opinion – in the Olmstead case and did not agree with a number of the Court’s restrictive opinions on prohibition 4th Amendment cases. This sets him apart from the other Justices at least in this area and may provide an interesting topic for discussion.