Gerard N. Magliocca
Samuel R. Rosen Professor of Law
Associate Dean for Research
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall,
530 W. New York Street
Indianapolis, IN 46202-3225
Phone: (317) 278-4792
B.A., 1995, Stanford University
J.D., 1998, Yale Law School
Torts, constitutional law, intellectual property, legal history, admiralty
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 and his law degree from Yale. In 2001, Professor Magliocca 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 received the Best New Professor Award from the student body in 2004, and in 2006 he won the Black Cane (Most Outstanding Professor). In 2007, his first book (Andrew Jackson: The Rise and Fall of Generational Regimes) was the subject of an hour-long program on C-Span's "Book TV." The following year, he held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to to the American Law Institute (ALI) in 2013.
Professor Magliocca is currently putting the finishing touches on his biography of Congressman John Bingham, the author of the Equal Protection Clause in the 14th Amendment. He is also an active blogger on Concurring Opinions and Balkinization.
Books and Chapters
"Constitutional Change," in The Oxford Handbook of the American Constitution (forthcoming 2014).
American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (NYU Press 2013)
The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale Univ. Press 2011)
Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes (Univ. Press of Kansas 2007) (Paperback ed. 2011).
Law Review and Journal Articles
The Gold Clause Cases and Constitutional Necessity, 64 Florida L. Rev. 1243 (2012).
Reforming the Filibuster, 105 Nw. U. L. Rev. 303 (2011)
Court-Packing and the Child Labor Amendment, 27 Const. Comment. 455 (2011).
Patenting the Curve Ball: Business Methods and Industry Norms, 2009 BYU L. Rev. 875
Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century? 94 Minn. L. Rev. 102 (2009)
*George W. Bush in Political Time: The Janus Presidency, 34 Law & Soc. Inq. 473 (Spring 2009)
Huey P. Long and the Guarantee Clause, 83 Tulane L. Rev. 1 (2008).
Indians and Invaders: The Citizenship Clause and Illegal Aliens, 10 U. Pa. J. Con. L. 409 (2008).
Blackberries and Barnyards: Patent Trolls and the Perils of Innovation, 82 Notre Dame L. Rev. 1809 (2007)
A New Approach to Congressional Power: Revisiting the Legal Tender Cases, 95 Geo. L. J. 119 (2006)
Constitutional False Positives and the Populist Moment, 81 Notre Dame L. Rev. 821 (2006)
From Ashes to Fire: Trademark and Copyright in Transition, 82 N.C. L. Rev. 1009 (2004).
The Cherokee Removal and the Fourteenth Amendment, 53 Duke L. J. 875 (2003).
Ornamental Design and Incremental Innovation, 86 Marq. L. Rev. 845 (2003).
Preemptive Opinions: The Secret History of Worcester v. Georgia and Dred Scott, 63 U. Pitt. L. Rev. 487 (2002).
One and Inseparable: Dilution and Infringement in Trademark Law, 85 Minn. L. Rev. 949 (2001), reprinted in Intellectual Property L. Rev. (Karen Tripp ed. 2002).
Veto!: The Jacksonian Revolution in Constitutional Law, 74 U. Neb. L. Rev. 205 (1999).
The Philosopher’s Stone: Dualist Democracy and the Jury, 69 U. Colo. L. Rev. 175 (1998).
Case Note, Arbitrary Rationality, 106 Yale L.J. 1959 (1997).
Symposium, Don't Be So Impatient, 88 Notre Dame L. Rev --- (forthcoming 2013).
Symposium, The Constitution Can Do No Wrong, 2012 Ill L. Rev. 723.
Symposium, The Private Action Requirement, 6 FIU L. Rev. 1 (2011).
Symposium, "Too Big To Fail" States, 43 U. Conn. L. Rev. 1089 (2011).
Scenes from Sotomayor's Courtroom, The New York Times (May 27, 2009), at A25.
State Calls for an Article Five Convention: Mobilization and Interpretation, 2009 Cardozo Law Review, De Novo 74.
The Great Repudiator? (with B. Ackerman), The American Prospect, Nov. 5, 2008.
Symposium, The Chief Justice on Capitol Hill: Extending the Humphrey-Hawkins Model, 41 Ind. L. Rev. 299 (2008).
Work in Progress
Our Constitution Is So Simple: Franklin D. Roosevelt and the New Deal
Patents, Meet Napster: The Disruptive Power of Three-Dimensional Printing (with Deven Desai).
Becoming the Bill of Rights
Adverse Possession in Constitutional Law
"The Disruptive Power of 3D Printing," delivered at Stanford Law School in April 2013.
"American Founding Son," delivered at the University of San Diego in February 2013.
"John Bingham: American Founding Son," delivered at Georgetown Law School in September 2012.
"Constitutional Liability Rules," delivered at Northwestern University Law School in November 2011.
"The Tragedy of William Jennings Bryan," presented at Boston College in October 2011.
"The Constitution Can Do No Wrong," presented at the University of Illinois Law School in April 2011.
"'Too Big To Fail' States," delivered at the University of Connecticut Law School in October 2010.
"Court-Packing and the Child Labor Amendment," delivered at DePaul Law School in September 2010.
"Thomas Hart Benton," delivered at the Bays Blackwell Symposium at Emory & Henry College in April 2010.
"Constitutional Interpretation and Legal Fictions," delivered at the Wisconsin Discussion Group on Constitutionalism in October 2009.
"Patenting the Curve Ball: Business Methods and Industry Norms" delivered at George Washington University Law School in June 2009.
"The Role of History in U.S. Constitutional Interpretation," delivered at the University of Copenhagen in October 2008.
"Huey P. Long and the Guarantee Clause," delivered at the University of Utah Law School in September 2007
"Andrew Jackson and the Constitution," delivered at George Washington University Law School in April 2007.
"Constitutional False Positives and the Populist Moment," delivered at Georgetown University Law School in March 2006.