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General Average and Takings

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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1 Response

  1. Ben Barros says:

    Gerard, this is a really interesting comparison. I wonder how much of this doctrinal difference can be explained by the practicalities of compensation. In the maritime context, getting a bunch of commercial actors to pay up seems achievable. In other property contexts, compensation might be less practical. The most important necessity cases involved fires. Compensation would have had to come from the neighbors or the other residents of the town. From my rudimentary understanding of nineteenth century municipal finance, towns typically didn’t have the tax base to make large compensation payments. There also would be a difficult line drawing issue as to who, exactly, would contribute to compensation – just the people nearby, or everyone in the town? On a ship, this line-drawing issue is easy to solve.

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