Search for: "Gerard Magliocca"
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31 Oct 2011, 3:41 pm
(Ilya Somin) At Balkinization, Gerard Magliocca raises a possible slippery slope argument against striking down the individual health insurance mandate (this argument was, I think, first raised in an article by Mark Hall):The most powerful argument against upholding the constitutionality of the individual mandate may be that this will open the door to compulsory broccoli purchases. [read post]
12 Oct 2009, 11:31 am
Law professor Gerard Magliocca would probably say nothing, but other observers are more sympathetic to the designers. [read post]
19 Dec 2018, 9:36 am
One of the things that kept CoOp going toward the end, as the commenters there noted appreciatively, was all the hard work of Gerard Magliocca.... [read post]
15 Jun 2015, 8:20 am
At the CoOp blog, Gerard Magliocca has an interesting post, with even more interesting comments, on the use of per curiam opinions by lower courts. [read post]
12 Jan 2015, 6:31 am
At CoOp last week, Gerard Magliocca asked whether it would be constitutional to shift away from the current system of a separately appointed Chief Justice in favor of a system of rotating Chiefs, either based on seniority (as on the Federal Districts and Circuits) or based on selection by thesitting Justices (as happens on some state supreme courts). [read post]
18 Oct 2016, 7:11 am
A quick thought in response to this piece arguing democracy depends on the consent of the losers and this Gerard Magliocca post arguing that Trump's rhetoric is not historically unprecedented: Immediately after Obama's inauguration in 2009, non-Obama voters began protesting, and the press began reporting, that they were "disenfranchised. [read post]
17 Nov 2018, 12:15 pm
(Gerard Magliocca believes that a Court order compelling briefing will compel Whitaker to withdraw or compel the President to nominate a new AG). [read post]
13 Oct 2016, 7:24 am
Via Concurring Opinions:Lawyer-poet Monica Youn has published Blackacre (Graywolf Press, 2016), which contains some "vaguely legal themes," according to legal blogger Gerard Magliocca, and certainly has a law-related title. [read post]
24 Jun 2019, 6:30 am
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum (Georgetown)At… [read post]
11 Sep 2021, 5:19 am
The Plague Gerard N. [read post]
30 Jan 2015, 12:10 pm
This is a couple days old, but I will second Gerard Magliocca's recommendation of KC Johnson's post on LBJ's conversations about the nomination of Abe Fortas as Chief Justice; the post includes audio links to excerpts of the Johnson White House tapes along with transcripts and some commentary. [read post]
24 Jun 2019, 6:30 am
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum (Georgetown)At… [read post]
17 Oct 2014, 8:48 am
Richard's post on the problems created in Dart Cherokee by the court of appeals failure to explain its reasoning and Gerard Magliocca's CoOp post on recent examples of SCOTUS issuing procedural orders affecting constitutional litigation without explanation share a common theme--to what extent do courts, particularly reviewing courts, have an obligation to explain themselves. [read post]
16 Jun 2021, 6:00 am
This week at Balkinization we are hosting a symposium on Kurt Lash's new two volume collection, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.).We have assembled a terrific group of commentators, including Christopher Green (Mississippi), Sandy Levinson (Texas), Gerard Magliocca (Indiana), Jennifer Mascot (George Mason), Darrell Miller (Duke), Richard Primus (Michigan), Bradley Rebeiro (BYU), Lee Strang (Toledo),… [read post]
26 May 2021, 7:00 am
Norton & Company, 2021).We have assembled a terrific group of commentators, including Laura Edwards (Princeton), Mark Graber (Maryland), Michael Les Bendict (Ohio State), Sanford Levinson (Texas), Gerard Magliocca (Indiana), William Novack (Michigan), Kunal Parker (Miami), and Allison Tirres (DePaul).At the conclusion, Kate will respond to the commentators. [read post]
20 Jan 2022, 6:00 am
Gerard Magliocca, The Gun is as Mighty as the Pen.4. [read post]
15 Mar 2022, 6:14 am
They make some good points that I will incorporate into any future brief I may write. https://originalismblog.typepad.com/the-originalism-blog/2022/03/gerard-magliocca-on-the-original-meaning-of-the-amnesty-actmichael-ramsey.html The appeal in the Cawthorn case is pending before the Fourth Circuit. [read post]
25 Aug 2010, 5:07 am
(Randy Barnett) Over on Concurring Opinions, Gerard Magliocca is bothered by my persistent claim that the health insurance mandate is “unprecedented”: Folks like Randy Barnett rely heavily on the idea that congressional regulation of inactivity (or commercial coercion) is unprecedented under the Commerce and Taxing Clauses. [read post]
22 Aug 2011, 9:58 pm
At Concurring Opinions, Gerard Magliocca (also a contributor to Balkinization) remarks, "Applications to law school are not going down much (or at all) notwithstanding the sharp increases in tuition and the decline of the job market. [read post]
17 Jun 2015, 8:00 am
Gerard N. [read post]
