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1968

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. Ken Rhodes says:

    “How would the 1970s and 1980s, for example, have looked different if RFK and MLK had lived? Maybe the answer is not at all, but it is worth considering.”

    Well, contemplating counter-factuals is frequently fascinating. How would the seventies and eighties differed if Nixon had not been so paranoid that he felt compelled to “cheat” in an election that was already in the bag? He could have won a landslide without that Watergate fiasco, and quite possibly passed the torch to Ford without the stain of the pardon to terminate Ford’s presidency.

    Alternatively, of course, suppose Hubert Humphrey had done a little better job of targeting his campaign resources on the close states, and had won the electoral vote by that focus on his principal objective. Humphrey was the “anti-Nixon;” almost everybody liked him, even the folks who disagreed with his policy views. Had he won in 1968, I would guess he would probably have been reelected in 1972. That would mean Warren Burger, Harry Blackmun, Lewis Powell, and William Rehnquist would be obscure names we wouldn’t know much about these days.

    Whittier, in “Maude Muller,” ended:

    For of all sad words of tongue or pen,
    The saddest are these: “It might have been!”

    And Bret Harte, in his wonderful parody “Mrs. Judge Jenkins,” ended:

    If, of all words of tongue and pen,
    The saddest are, “It might have been,”
    More sad are these we daily see:
    “It is, but hadn’t ought to be.”

    That last, of course, is our daily challenge. We cannot change the past, but we can strive mightily to better the present.

    Now, if we could only get everyone else to agree on what would be “better” …

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