Justice Arthur Goldberg

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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5 Responses

  1. Business Law Prof says:

    Interestingly, Goldberg is also one of the few (only?) former Justices to later return to the court in an advocacy role, as he served as lead counsel in Curt Flood’s appeal against Major League Baseball. Professor Brad Snyder’s excellent history of the Flood v. Kuhn case, _A Well-Paid Slave_, offers a pretty scathing critique of Goldberg’s performance in oral argument before the Court.

  2. Joe says:

    His 9A concurrence to Griswold (assist from Breyer) also is worth mentioning. The Goldberg-Fortas switch was unfortunate though ultimately Fortas was replaced by Blackmun. How would Roe have gone down in a counterfactual world?!

  3. Joe says:

    BTW, I’m interested, if you are sharing, what you are working on that had to do with Goldberg.

  4. Gerard Magliocca says:

    Oh, eventually I’ll probably write about the 1960s as part of the generational cycle. So I’m just reading up on that.

  5. Joe says:

    Thanks. I see my Griswold comment was covered already.