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Four Kinds of Constitutional Liability Rules

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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2 Responses

  1. Brett Bellmore says:

    What we’re missing is box 5: An individual right that the government simply can’t violate, period. I suppose we’re missing it because the judiciary is part of the government… So even the strongest mandates simply become suggestions or rules of thumb.

  2. Gerard Magliocca says:

    There are many such rights, but they do not involve liability rules.