Gerard N. Magliocca

Samuel R. Rosen Professor of Law

Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 205
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 278-4792
Fax: 317278478



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, 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. In 2014, Professor Magliocca received the Indiana University Trustees Teaching Award.

Two of Professor Magliocca’s books have been the subjects of programs on C-Span’s Book TV, including his latest book, which is a biography of Congressman John Bingham, the author of the Equal Protection Clause of the Constitution. He is an active blogger on Concurring Opinions and Balkinization, and is currently researching a book on the Bill of Rights.



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

  • Patents, Meet Napster: 3D Printing and the Digitization of Things (with Deven Desai), 102 Geo. L.J. 1691 (2014).
  • 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. 499 (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).

Other Publications

  • Why Obamacare is Not 'Settled.' Washington Post, Oct. 6, 2013.
  • Symposium, Don't Be So Impatient, 88 Notre Dame L. Rev 2157 (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.
  • 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

  • The Heart of the Constitution: How the Bill of Rights Became the Bill of Rights
  • Anti-Partisanship
  • The Bill of the Rights Reconsidered


  • "Becoming the Bill of Rights" at the University of Wisconsin Law School in April 2014.
  • "Becoming the Bill of Rights," delivered at the UC Davis School of Law in January 2014.
  • "American Founding Son," at the University of Pennsylvania Law School on December 5, 2013.
  • "American Founding Son," presented at the National Constitution Center on October 4, 2013.
  • "American Founding Son," delivered at Ohio State Law School on September 18, 2013.
  • "The Disruptive Power of 3D Printing," delivered at Stanford Law School in April 2013 (with Deven Desai).
  • "American Founding Son," delivered at the University of San Diego in February 2013.
  • "American Founding Son," delivered at Georgetown Law School in September 2012.
  • "The Tragedy of William Jennings Bryan," presented at Boston College in October 2011.
  • "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.
  • "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.