Search for: "Gerard Magliocca"
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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]
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]
5 Jan 2016, 9:30 am
Gerard Magliocca, buoyed by the ACA surviving a second Supreme Court review in King v. [read post]
17 Nov 2019, 10:10 am
Recently, Gerard Magliocca suggested that only the Chief Justice could preside. [read post]
23 Nov 2023, 8:03 am
John Vladolus,’s “Insurrection, Disqualification, and the Presidency,” 13 British Journal of American Legal Studies ___ (2023) is another excellent source (as are the collected writings of Gerard Magliocca). [read post]
24 Feb 2023, 5:16 am
Likewise, Bruce Ackerman and Gerard Magliocca have argued that Trump can be barred from the presidency if Congress declares that, by encouraging the attack on the Capitol, Trump engaged in “insurrection or rebellion. [read post]
11 Jan 2024, 7:38 am
Gerard Magliocca has done amazing work unearthing some of these citations. [read post]
7 May 2022, 12:17 pm
Magliocca, Amnesty and Section Three of the Fourteenth Amendment, 36 CONST. [read post]
2 Feb 2024, 2:30 am
As Gerard Magliocca recently observed, judges often use the phrase "the opinion won't write," to "describe the following situation: Their instinct is to decide a case in a particular way. [read post]
23 Aug 2019, 12:30 pm
That and more from Professors Michael McConnell of Stanford Law and Gerard Magliocca of the Indiana University Robert H. [read post]
3 Mar 2010, 7:40 am
Josh Blackman has a recap at his blog, while Gerard Magliocca at Concurring Opinions highlights a few key moments from what he characterizes as an otherwise “dull” argument. [read post]
11 Aug 2023, 3:00 am
Michael Stokes Paulsen and I have a new draft article: The Sweep and Force of Section Three, that is forthcoming in the Pennsylvania Law Review. [read post]
1 Jul 2021, 6:30 am
As Gerard Magliocca and several others observe, this approach also entails looking well beyond the courts and even beyond voting as a means of fomenting political change. [read post]
11 Feb 2021, 8:11 am
Gerard Magliocca describes this history in his excellent recent article discussing the development and post-1868 enforcement of Section 3. [read post]
20 Apr 2020, 6:30 am
I often tell my students that my favorite political philosopher is Goldilocks, for one must in fact strain to find the “just right” frequency of amendment and, just as importantly, process that will produce the desired rate of amendment.Although there certainly exist within the corpus of American legal history a plethora of books particularly on the first ten amendments that came to be known collectively as The Bill of Rights (though as Gerard Magliocca well… [read post]
19 Jan 2021, 10:43 am
As Gerard Magliocca nicely puts it in an impressive and timely new history of Section 3, “Congress did not intend (nor would the public have understood) that Jefferson Davis could not be a Representative or a Senator but could be President. [read post]
30 Jul 2012, 5:00 am
Freedman Legal Ethics Forum Houston M Johnny Buckles Nonprofit Law Prof Blog Illinois M Robert Lawless Credit Slips Illinois F Christine Hurt Conglomerate Indiana Indianapolis M Gerard Magliocca Concurring Opinions Indiana Indianapolis M David Orentlicher Health Law Prof Blog Indiana Indianapolis, M Nicolas P. [read post]
14 Dec 2011, 1:18 pm
Gerard Magliocca): “I protest, against the attempt to mar that great charter of our rights, almost divine in its conception and in its spirit of equality, by the interpolation into it of any word of caste, such as white or black, male or female. . . . [read post]
8 Feb 2024, 9:36 am
[A reply to Prof. [read post]
8 Dec 2023, 7:54 am
Professor Gerard Magliocca and others have found some newspaper articles that make the point, in various fashions, that Jefferson Davis should not be allowed to be elected as President of the United States. [read post]
