I have written a variety of free-standing articles and participated in colloquies with others on constitutional law, administrative law, separation of powers, legal history, parliamentary law, and legislative processes. My articles tend focus on the parliamentary underpinnings of our constitutional procedure. I have also written on related issues in corporate law. My degrees are from the College of the University of Chicago and from Harvard Law School. I clerked for Judge Mark E. Fuller (U.S. District Court for the Middle District of Alabama), Judge William J. Martini (U.S. District Court for the District of New Jersey), and Judge Jane R. Roth (U.S. Court of Appeals for the Third Circuit). I am employed as a litigator at Richards, Layton & Finger, P.A. in Wilmington, Delaware. Comments, correspondence, and citations are very welcomed.
A. Bibliographic Materials: Combined Citation List and Links to My Publications
Administrative Law
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’s Incompatibility Clause, ExpressO (2008)
B. Corporate Law Publications
Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (with C. Stephen Bigler), The Business Lawyer (FORTHCOMING) (2008)
Corporate Governance in Mergers and Acquisitions (1621 PLI/Corp 35) (with Anne C. Foster), Mergers & Acquisitions 2007: What You Need to Know Now (2007)
Gazing into the Crystal Ball of Future Developments in Delaware Corporate Law: What if the Past is not Prologue? (with R. Franklin Balotti), Corporate Governance Advisor (2007)
C. The Federalist Papers and Constitutional Interpretation
The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation, West Virginia Law Review (2003)
Constitutional Law
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’s Incompatibility Clause, ExpressO (2008)
D. ORV Clause and Nondelegation Doctrine
A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Viriginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned, Texas Law Review (2005)
The Domain of Constitutional Delegations Under the Orders, Resolutions and Votes Clause: A Reply to Professor Gary S. Lawson, Texas Law Review (2005)
Presentation: Everything You Always Wanted to Know About the Orders, Resolutions and Votes Clause that Professors Edward S. Corwin and Charles L. Black, Jr. failed to ask, NYU Journal of Law and Liberty (2005)
E. Electoral College
Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College. Reviewing: Enlightened Democracy: The Case for the Electoral College, New York University Journal of Law and Liberty (2005)
F. Continuity of Congress and Government
Presentation: A Continuity of Congress Proposal, American Enterprise Institute (date to be determined) (2008)
Overruling INS v. Chadha: Advice on Choreography - A Reply to Professor Sanford Levinson, Pierce Law Review (2006)
Professor Sanford V. Levinson's Assuring Continuity of Government -- a Comment on Tillman's Model Continuity of Congress Statute, Pierce Law Review (2006)
G. Recess Appointments
Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt, Northwestern University Law Review Colloquy (2007)
Professor Brian C. Kalt's Keeping Recess Appointments in Their Place -- a response to Tillman's Senate Termination of Presidential Recess Appointments, Northwestern University Law Review Colloquy (2007)
Professor Brian C. Kalt's Keeping Tillman Adjournments in Their Place -- A rejoinder to Tillman's Reply to Kalt, Northwestern University Law Review Colloquy (2007)
H. Contemporaneity in Lawmaking and the Enrolled Bill Rule
Defending the (Not so) Indefensible: A Reply to Professor Aaron-Andrew P. Bruhl , Cornell Journal of Law and Public Policy (2007)
Noncontemporaneous Lawmaking: Can the 110th Senate Enact a Bill Passed By the 109th House? , Cornell Journal of Law and Public Policy (2007)
Professor Aaron-Andrew P. Bruhl's Against Mix-And-Match Lawmaking -- a response to Tillman's Noncontemporaneous Lawmaking, Cornell Journal of Law and Public Policy (2007)
V. Senate-Presidential Incompatibility and the Original Public Meaning of Article I, Section 6
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’s Incompatibility Clause, Duke J. Const. L. & Pub. Pol’y (2008)
W. The Text of the Constitution
X. The Stanford Trilogy