Deference at Oral Argument

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. ParatrooperJJ says:

    When was the last time the AG argued a case before the SC?

  2. Gerard Magliocca says:

    Almost every AG does at least one. (If you were the AG, wouldn’t you like to do one?) I don’t know, though, when the last one was.

  3. Bruce Boyden says:

    I don’t know if it was the last one, but Mukasey argued U.S. v. Ressam in 2008.

  4. Scott says:

    Well, there were hardly any questions to any counsel in the 1930s, right? Counsel would speak for tens of minutes without interruption. So I think total deference to the AG (assuming that’s accurate) would have been a less radical departure from the norm than we’d expect.