The Will of the People

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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4 Responses

  1. David Bernstein says:

    I’ve read most of it. Great book.

  2. “but those cases get lots of attention as opposed to the situations where the Court folds like a cheap tent and upholds popular curbs on civil liberties when they should know better.”

    Rarely, you’ll get a case where the Court folds, and upholds a popular civil liberty in the face of elite opposition to it. Heller was such a case. Kelo wasn’t, unfortunately. You really shouldn’t imply that in these elite vs popular will cases it’s always the popular will VS civil liberties. The popular will is more civil libertarian than the elite in some areas.

  3. I will be featuring Barry’s book on our Bright Ideas series so more from Barry soon! Danielle