Search for: "Gerard Magliocca"
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6 Sep 2023, 11:44 pm
A number of thoughtful scholars including Mark Graber and Gerard Magliocca on this very blog have made the case along with Baude and Paulson that in order to give force to 14.3, state and local decision-makers with the authority to decide who goes on the ballot should exclude Trump from the ballot. [read post]
11 May 2023, 6:30 am
As in the Gold Clause Cases—discussed in a recent post by Gerard Magliocca in this connection—any court, even the present Court, will be extremely reluctant to blow up the United States financial system in a way that is directly traceable to a single court case they decided on novel grounds. [read post]
2 Dec 2019, 12:15 pm
Along with that of Gerard Magliocca and Jack Balkin, their work asks whether we really understand McCulloch as well as we think we do, and why and how it holds a place within the “canon” of constitutional law. [read post]
21 Jul 2015, 3:09 pm
Publius would recognize the various themes that are the subject of essays in Part V of this Handbook (Mark Brandon, Oren Gross, Wayne Moore, David Strauss, Ernest Young, John Dinan, Jamal Green, Gerard Magliocca, Vicki Jackson, Heinz Klug, Elizabeth Beaumont, Maxwell Stearns, Paul Kahn). [read post]
21 Mar 2012, 6:25 am
At Concurring Opinions, Gerard Magliocca awards points to Justice Scalia for starting his Martinez dissent with, “Let me get this straight . . . . [read post]
10 Apr 2012, 7:49 am
Professor Gerard Magliocca assembled a group of constitutional law scholars to explore various “What ifs. [read post]
8 Jun 2010, 7:11 am
Finally, in the spirit of the upcoming World Cup, Gerard Magliocca at Concurring Opinions ponders the ways in which the role of a Supreme Court justice might be more akin to that of a soccer referee than to a baseball umpire. [read post]
6 Oct 2010, 6:24 am
Meanwhile, at Concurring Opinions, Gerard Magliocca reports that he “just finished the new biography of Justice Brennan, and I was very impressed. [read post]
8 May 2023, 4:33 am
Gerard Magliocca offers a few alternatives that would temper the conflict, which would then save the president from having to choose between the lesser of two evils. [read post]
16 Nov 2011, 6:21 am
Gerard N. [read post]
23 May 2024, 10:05 pm
(Gerard Magliocca may be the only legal scholar on planet earth with actual expertise on both Section 2 and Section 3.) [read post]
21 Nov 2011, 3:04 am
Gerard Magliocca and Alex Guerrero already commented on one of his examples. [read post]
2 Aug 2011, 8:23 am
On a separate point, yesterday Gerard Magliocca asked the important question of how we can identify whether a framework of redemption is legitimate. [read post]
20 Apr 2021, 4:44 pm
Additional Resources: Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the Constitution (2020) Michael Klarman, From Jim Crow to Civil Rights: The Supreme Court and Struggle for Racial Equality (2004) Kurt Lash, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship (2015) Gerard Magliocca, America’s Founding Son: John Bingham and the Invention of the Fourteenth Amendment (2016) [read post]
11 May 2020, 3:24 am
” At PrawfsBlawg, Gerard Magliocca offers a historical analogue for the flushing episode. [read post]
20 Jul 2010, 11:59 am
” At Concurring Opinions, Gerard Magliocca posts an abstract of his upcoming paper, which “looks at whether the Court will invalidate the individual mandate by examining how other transformative laws were treated under similar political circumstances. [read post]
26 May 2011, 2:20 am
Gerard Magliocca wrote, The headline is that the members of the Court think that briefs are too long. [read post]
6 Apr 2010, 7:16 am
At Concurring Opinions, Gerard Magliocca writes that the delay in releasing an opinion for Bilski v. [read post]
26 May 2011, 7:20 am
Gerard Magliocca wrote, The headline is that the members of the Court think that briefs are too long. [read post]
12 Jul 2023, 8:00 am
But it's worth noting that scholars and legal commentators such as Indiana University law professor Gerard Magliocca and my Cato Institute colleague Thomas Berry have put forward strong arguments that legacy preferences at public institutions are banned by the Fourteenth Amendment. [read post]
