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Nobody’s Perfect

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. anon says:

    Very agreed on Posner and Easterbrook’s ability to write opinions with “stream of consciousness” style, as this one was. One amazing point Easterbrook made was to talk about federalism and then cite Nozick’s “Anarchy, State and Utopia” (with no page cite, of course).

    Nozick is very clear that his discussion of different “utopias” (in his last chapter) is in the context of individuals voluntarily submitting themselves to different regimes, not individuals finding themselves living in places where their rights are violated against their will. Easterbrook probably just thought “and I’ll throw on Nozick just to show ‘em!” I would like judges who gave a bit more thought to their opinions.

  2. ParatrooperJJ says:

    It looks pretty clear they had a result in mind and had to take a very convoluted route to justify it.

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