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12 Feb 2024, 6:46 am by Guest Blogger
“The opinion won’t write,” Gerard Magliocca insisted hopefully of the allegedly great difficulty of overturning the Colorado ruling the other day. [read post]
21 Jul 2015, 3:09 pm by Mark Graber
   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]
16 Feb 2022, 11:55 am by Roger Parloff
Acting as a pro bono consultant on the case is 14th Amendment scholar Gerard Magliocca of the Indiana University School of Law. [read post]
26 May 2011, 2:20 am by Maxwell Kennerly
Gerard Magliocca wrote,  The headline is that the members of the Court think that briefs are too long. [read post]
6 Oct 2010, 6:24 am by Adam Chandler
Meanwhile, at Concurring Opinions, Gerard Magliocca reports that he “just finished the new biography of Justice Brennan, and I was very impressed. [read post]
10 Apr 2012, 7:49 am by Carlton Larson
  Professor Gerard Magliocca assembled a group of constitutional law scholars to explore various “What ifs. [read post]
31 Jan 2020, 2:22 pm by Ilya Somin
As Gerard Magliocca explains, the Senate's 1868 acquittal of President Andrew Johnson was accompanied by statements indicating that even many of the senators who voted to acquit did not accept the more extreme and dubious arguments made by his defenders. [read post]
21 Mar 2012, 6:25 am by Conor McEvily
  At Concurring Opinions, Gerard Magliocca awards points to Justice Scalia for starting his Martinez dissent with, “Let me get this straight . . . . [read post]
8 May 2023, 4:33 am by SHG
  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]
6 Apr 2010, 7:16 am by Jay Willis
At Concurring Opinions, Gerard Magliocca writes that the delay in releasing an opinion for Bilski v. [read post]
11 May 2020, 3:24 am by Edith Roberts
” At PrawfsBlawg, Gerard Magliocca offers a historical analogue for the flushing episode. [read post]
20 Apr 2021, 4:44 pm by Nicholas Mosvick
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]
31 Aug 2021, 6:02 am by Josh Blackman
At that point, perhaps Gerard Magliocca's granddaughter will write a biography about an obscure and forgotten justice. [read post]
26 May 2011, 7:20 am by Maxwell Kennerly
Gerard Magliocca wrote,  The headline is that the members of the Court think that briefs are too long. [read post]
13 May 2017, 11:48 am by Jonathan H. Adler
For additional thoughts about the merits of Olson’s constitutional arguments, see this post by Gerard Magliocca at Concurring Opinions and this comment by Joe Henchman of the Tax Foundation. [read post]
8 Jun 2010, 7:11 am by Jay Willis
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]
20 Jul 2010, 11:59 am by Matthew Scarola
” 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]
2 Aug 2011, 8:23 am by Alexander Tsesis
     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]
21 Nov 2011, 3:04 am by SHG
  Gerard Magliocca and Alex Guerrero already commented on one of his examples. [read post]