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Another Interesting Case That You’ve Never Heard Of

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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6 Responses

  1. Joe Miller says:

    Seems like a thinly disguised Dormant Commerce Clause violation, no?

  2. Joseph Slater says:

    I’m not sure this case is all that obscure. It’s in the Employment Law casebook I use (Rothstein, Liebman). Having said that, it is an interesting case indeed.

  3. It’s also discussed in Pamela S. Karlan, Old Reasons, New Reasons, No Reasons, 27 Ga. St. U. L. Rev. 873 (2011).

  4. Gerard Magliocca says:

    Well, I didn’t mean that I was the only person that has ever heard of the case. I just meant that it’s relatively obscure.

  5. Joseph Slater says:

    Fair enough.

  6. Peter says:

    Actually, Robert Post used to teach this case every year in his Con Law II class at Boalt Hall. I had no idea how much (or little) it is commonly taught in such courses, but for me it was the paradigmatic “rational basis” case that showed why you want to get above r.b. review.

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