Originalism and a Road Draft

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. Brian says:

    I cannot see how the court gets this ruling correctly. With and and all due respect to the Members of the court, I call “foul”.

  2. Christian says:

    An Indiana con law case (Sonnenburg v. Bayh) used road work as historical example to distinguish “particular” from “general” services demanded by the state under Indiana’s constitution. Theoretically, Sonnenburg gives the Indiana General Assembly authority to do the exact same thing as Louisiana’s law. As long as the state is demanding the same services from citizens generally and not from a particular person or group, it would hypothetically be constitutional. Whether the 13th amendment would present a problem is a different matter.