Search for: "Gerard Magliocca"
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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]
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]
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]
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]
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]
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]
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]
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]
20 Jan 2022, 6:00 am
Gerard Magliocca, The Gun is as Mighty as the Pen.4. [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]
20 Jan 2010, 1:59 pm
The White Whale of Comprehensive Reform posted by Gerard Magliocca Two years ago I wrote an article about patent trolls that said the problem (if you think it is a problem) could not be solved by a broad legislative approach. [read post]
6 Apr 2015, 9:15 pm
Gerard Magliocca, who teaches law at Indiana, wonders whether the Constitution would provide any legal remedies if, for example, one state closed its public university system to applicants from another state to show disapproval for that second state’s policies. [read post]
12 Sep 2009, 12:28 pm
Over at Concurring Opinions, Gerard Magliocca has this post, titled "A Professional Judiciary? [read post]
13 Jul 2016, 3:16 pm
Gerard Magliocca suggests that an icon is embarrassing herself at the end of her career. [read post]
26 Feb 2023, 10:50 am
Magliocca, “Not a Lawyer’s Contract:” Reflections on FDR’s Constitution Day Address Robert L. [read post]
18 Apr 2022, 6:30 am
Huebner Articles “Commonly Estimated as One: Bushrod Washington and the Marshall Court” Gerard N. [read post]
14 Aug 2019, 6:00 am
Gerard Magliocca, What is a Judge? [read post]
