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The Kagan Nomination

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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8 Responses

  1. anon says:

    True enough. Kagan is an undistinguished scholar and an uninspiring legal mind — surely not at a level of, say, Kathleen Sullivan or Pam Karlan. But, unlike the latter two, Kagan is a very sophisticated institutional player. This is a significant improvement on Sotomayor, who is neither a notable thinker nor an artful coalition builder.

  2. Dan Cole says:

    Next SG: Cass Sunstein?

  3. Tuan says:

    A surprising pick because a very risky one. The clock is running on this nomination and if it doesn’t fly, the Obama administration will be facing the prospect of another nomination.

  4. Josh Chafetz says:

    Neal Katyal would seem the logical choice to step up as SG, no?

  5. dave hoffman says:

    How about evaluating the case for her – what do you think of her (imho groundbreaking) article on presidential administration? Her work in the clinton white house on policy? Her justly acclaimed role as a teacher of administrative law?

  6. Gerard Magliocca says:

    There are lots of great teachers of administrative law. What makes her special? As for the article, I think it’s vastly overrated. But like I said, in the case of articles everyone can go read them and form their own conclusions.

  7. Anonymous says:

    Next SG is apparently Don Verrilli – a brilliant, accomplished, and humble selection.

    http://www.theatlantic.com/politics/archive/2010/05/the-next-solicitor-general/56459/

  8. Bryan Gividen says:

    Not that every non-judge SCOTUS nominee is Earl Warren, but I think that if you had to classify Kagan, she would fit the bill. Obviously Warren’s resume is a little more impressive – especially his comparatively extensive time as an AG – but in the end, he was a consensus builder. He was the guy on the Court who wasn’t the best writer or orator, or so I’ve read, that could get justices together and produce a solid group response.

    It sounds like that could be Kagan’s forte.