Frank McCloskey and Constitutional Norms

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. mls says:

    I agree that the McCloskey case had a major impact on how the House (I am not sure about the Senate) views contested elections. (When I served in the House I recall it was referred to as the bloody 8th or something like that). But I think it is an overstatement to say that Congress has relinquished its authority to judge contested elections. if a candidate has a strong claim that the state process wrongly judged the outcome, he or she certainly is not precluded from using the Federal Contested Elections Act to challenge the state’s certification.

  2. Gerard Magliocca says:

    Relinquished in practice.

  3. mls says:

    Well, I will look forward to reading your article on this point. I assume you will discuss the Dornan-Sanchez case.

  4. Gerard Magliocca says:

    Ah, I had forgotten about B-1 Bob. Good point.