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Bo Xilai and the Rule of Law

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. A.J. Sutter says:

    Could it stabilize into a two-tiered rule of law, say if the elites’ trial process were somewhat more open? If a person in a position of greater responsibility and power has fewer procedural protections, is that necessarily contrary to the rule of law? After all, even in the US, we have status-based differences in procedure, say for members of the military. In a country with such a long tradition of corruption, and such distrust of officials among the greater population, a two-tiered system might even be stabilizing, and create more respect for law. I’m assuming, though, that the rules of the game — e.g., what protections they’d be giving up — would be knowable in advance by the elite tier, which maybe isn’t the case now.