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, particularly, issues regarding the validity of board and
corporate action and ratification where prior action was defective. 

My degrees are from the College of the University of Chicago and from Harvard Law School.
I have given lectures or addressed faculty at Campbell University School of Law, Lincoln
Memorial University -- Duncan School of Law, Marquette University Law School, New York
University School of Law, Quinnipiac University School of Law, Roger Williams University
School of Law, Thomas Jefferson School of Law, Wayne State University Law School, and
Widener University School of Law. I have current invitations to speak: at the First
Amendment Colloquium at Catholic University of America School of Law, at the Politics on
the Public Mind Colloquium at Fairleigh Dickinson University, at the next AEI-Brookings
conference on presidential and legislative succession issues. 

I have clerked for Judge Mark E. Fuller (U.S. District Court for the Middle District of
Alabama -- formerly the Chief Judge), Judge William J. Martini (U.S. District Court for
the District of New Jersey), Judge Jane R. Roth (U.S. Court of Appeals for the Third
Circuit -- now Senior), and for Judge Malachy E. Mannion (U.S. District Court for the
Middle District of Pennsylvania -- formerly a magistrate judge). I left an appointment as
a permanent law clerk to an Article III judge to take a teaching post in the law faculty
at the National University of Ireland Maynooth (NUIM). 

I taught Constitutional Law II at Rutgers University School of Law (Newark) during Spring
2010. At NUIM, I taught legal writing & advocacy, and equity & the law of trusts.
I was an observer on the National Conference of Commissioners on Uniform State Laws'
Study Committee for a Uniform Faithful Presidential Electors Act. I am a Member of the
Education Committee of the Institute of Parliamentary and Political Law in Ottawa,
Canada. I am a peer reviewer for publications of the Goldwater Institute (a think tank in
Phoenix, Arizona), and also for the Irish Law Journal. 

I was ranked (circa May 1, 2013) by the Social Science Research Network among the top 300
law authors using total number of downloads for all papers, and I was ranked (also circa
May 1, 2013) in the top 100 law authors using total number of downloads for the last 12
calendar months. My total download count on SSRN exceeds 10,000; and on BEPRESS, it
exceeds 25,000. More than a dozen journal articles have been written responding to my
publications. These responsive articles have been written by Professors Jeremy D. Bailey,
Robert F. Blomquist, Aaron-Andrew P. Bruhl, Steven G. Calabresi (a rebuttal, and a
closing statement), Brian C. Kalt (a response, and a rejoinder), Gary S. Lawson, Sanford
V. Levinson, Bruce G. Peabody, Saikrishna B. Prakash, Stephen Michael Sheppard, and
Zephyr Teachout (a published rebuttal, and a forthcoming closing statement).
(Additionally, I expect that a response to my contribution to the "Office" and
"Officer" debate may appear over the course of 2013-2014.) 

My corporate law publications have been cited in seven legal briefs before the Delaware
Court of Chancery, thirteen books and treatises (eleven published, two forthcoming), five
journal articles (e.g., Illinois Law Review), one annotation, two bibliographies
(including one non-English bibliography), four newsletters and conference papers, and six
blog posts. My corporate law publications are cited in (published and forthcoming) book
and treatises on contract law; corporate law; law & economics; legal opinion letters;
mergers & acquisitions; securities transfers; and the Uniform Commercial Code. 

My publications have been cited by Justice Antonin Scalia (Supreme Court of the United
States), Judge D. Arthur Kelsey (Virginia), and Justice Peter M. Lauriat (Massachusetts),
and I was personally acknowledged by Judge Peter Spiller (New Zealand). Of my twenty
published journal articles, five have been reprinted and/or republished. Each of my
published journal articles is cited in academic, professional, or government
publications, or in legal briefs (before the Delaware Court of Chancery and before the
Supreme Court of the United States). 

There are over two-hundred citations to my articles appearing in over ninety (published
or forthcoming) authored and anonymous treatises, annotations, and bibliographies, books
and case books, doctoral dissertations, Congressional Research Service and other
government publications (including three United States Senate documents), academic and
professional newsletters and reports, working papers, legal briefs, and course syllabi,
and in over ninety (published or forthcoming) journal articles, including articles
appearing in peer-reviewed and practitioner-oriented journals, e.g., African Journal of
Legal Studies, Alberta Law Review, American Indian Law Review, American Journal of
Comparative Law, British Journal of American Legal Studies, Constitutional Commentary,
Election Law Journal (two different articles, including one forthcoming), Law &
History Review, Melbourne University Law Review, Michigan Business Law Journal, Monash
University Law Review, Presidential Studies Quarterly (two different articles), Review of
Securities and Commodities Regulation, and Texas Journal of Business Law, and in
student-edited journals, e.g., Boston College Law Review (two different articles), Boston
University Law Review (three different articles), California Law Review (forthcoming),
Cornell Law Review, Duke Law Journal (three different articles), Emory Law Journal,
Fordham Law Review, Georgetown Law Journal (two different articles), George Washington
Law Review (two different articles), Harvard Journal of Law and Public Policy, Harvard
Law & Policy Review, Harvard Law Review (two different articles), Illinois Law Review
(two different articles, including one forthcoming), Iowa Law Review (two different
articles), Minnesota Law Review, Northwestern University Law Review (two different
articles, including one forthcoming), Stanford Law Review, Texas Law Review (three
different articles), UCLA Law Review (two different articles), University of Chicago
Legal Forum, University of Pennsylvania Journal of Constitutional Law, University of
Pennsylvania Law Review, Vanderbilt Law Review, William & Mary Bill of Rights Journal
(three different articles), William & Mary Law Review, and Yale Law Journal (two
different articles). 

I have been personally acknowledged or thanked in over forty publications (including
several foreign publications). Finally, my publications have been discussed or cited on
Wikipedia, on over fifty law-related websites and blogs, including, domestic and foreign
academic law blogs (e.g., Dorf on Law and Paul MacMahon's Ex Tempore blog),
practitioners' law blogs (e.g., How Appealing), blogs discussing private and public
law, practitioners’ and law firm websites and blogs (e.g., Goodwin Procter LLP’s
website), and blogs discussing current news and politics, e.g., the American Constitution
Society’s ACSBlog, Jack Balkin's Balkinization, National Review’s The Corner (four
posts), and Glenn Reynolds’ Instapundit (six posts). 

Comments, correspondence, and citations are very welcomed. If you cite or quote from any
of my materials in publications which will not appear on LexisNexis or on Westlaw, I
would appreciate a courtesy copy. I keep track of citations in relation to promotion and
tenure. Additionally, if you use any of my materials in a course syllabus or otherwise,
please send me a copy. Thank you. E-mail: sbarrettillman@yahoo.com. 

[last updated May 23, 2013] 

A1. Bibliographic Materials

A2. Download Reports

A3. Links to my Publications, Responses, and Forthcoming Articles Citing My Publications

A4. Teaching and Teaching Materials

A5. Opinion Editorials, Presentations, Committees, and Conferences (past and current invitations)

PDF

Abstract: Comparative Public Law, Originalism, and Foreign Parliamentary Materials: One American’s Exploration of Australian Judicial and Parliamentary Materials, International Commission for the History of Representative and Parliamentary Institutions 64th Annual Conference—Ireland (2013)
 

A6. Blogging & Listserve Posts

B. Private Law Publications (2007, 2008, republished 2011, and planned publications 2013-14)

Equity and Trusts (2014)
 

Link

Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (with C. Stephen Bigler), The Business Lawyer (2008) (peer reviewed), republished 2011 (2008)
 

C. The Federalist Papers and Constitutional Interpretation (2003 and 2010)

PDF

The Puzzle of Hamilton's Federalist No. 77, Harvard Journal of Law and Public Policy (2010)
 

D. Orders, Resolutions, and Votes (ORV) Clause and Nondelegation Doctrine (2005 and 2013)

PDF

Model Legislative Veto Act, National University of Ireland Maynooth Legal Studies Research Paper Series No. 2013-12-05 (2013)
 

E. Electoral College (2005)

F. Continuity of Congress and Government (2006)

PDF

Model Continuity of Congress Statute, Pierce Law Review; University of New Hampshire Law Review (2006)
 

PDF

Overruling INS v. Chadha: Advice on Choreography - A Reply to Professor Sanford Levinson, Pierce Law Review; University of New Hampshire Law Review (2006)
 

G. Recess Appointments (2007, republished 2009, and relinked 2012)

PDF

Senate Termination of Presidential Recess Appointments, 103 Nw. U. L. Rev. Colloquy 286 (republished 2009); 101 Nw. U. L. Rev. Colloquy 82 (2007)
 

PDF

Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt, 103 Nw. U. L. Rev. Colloquy 298 (republished 2009); 101 Nw. U. L. Rev. Colloquy 94 (2007)
 

Professor Brian C. Kalt's Keeping Tillman Adjournments in Their Place -- A rejoinder to Tillman's Reply to Kalt, 103 Nw. U. L. Rev. Colloquy 305 (republished 2009); 101 Nw. U. L. Rev. Colloquy 108 (2007)
 

H. Contemporaneity in Lawmaking and the Enrolled Bill Rule (2007)

I. Senate-Presidential Incompatibility and the Original Public Meaning of Article I, Section 6, Clause 2 (2008, 2009, and 2012)

PDF

Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’s Incompatibility Clause, 4 Duke J. Const. L. & Pub. Pol’y 107 (2009); 4 Duke J. Const. L. & Pub. Pol’y Sidebar 1 (2008)
 

Professor Saikrishna Bangalore Prakash's Response: Why the Incompatibility Clause Applies to the Office of President, 4 Duke J. Const. L. & Pub. Pol’y 143 (2009); 4 Duke J. Const. L. & Pub. Pol’y Sidebar 35 (2008)
 

J. Bill of Rights Related Articles (2009, and planned publications)

PDF

Blushing Our Way Past History, Cardozo Law Review de novo (2009) (2009)
 

K. The Text of the Constitution (2010)

Link

A Fragment on Shall and May (with Nora Rotter Tillman), American Journal of Legal History (peer reviewed) (2010)
 

L. Constitutional Theory & History (2009, 2010, 2012, 2013, and working papers)

W1. The Stanford Trilogy (working papers)

W2. Stanford Trilogy Charts (working papers)

X. Literature, Criticism, and History

PDF

Placeholder (2014)
 

ZZ01. Extracts from Judicial Opinions

ZZ02. Extracts from Legal Briefs (including Motions and Affidavits) Citing My Publications

ZZ10. Extracts from Think Tank, Government, and Quasi-Government Publications Citing, Acknowledging, or Relying on My Publications (or on me personally)

ZZ20. Extracts from Forthcoming and Other Difficult To Find Journal Articles Citing, Acknowledging, or Relying on My Publications (or on me personally)

ZZ30. Extracts from Treatises and Other Difficult To Find Publications Citing, Acknowledging, or Relying on My Publications (or on me personally)

ZZ40. Extracts from Rotunda & Nowak's Multivolume Treatise and Single Volume Hornbook Citing My Publications

ZZ50. Extracts from Academic and Professional Newsletters and Reports Citing My Publications

ZZ60. Extracts from Anonymous Treatises, Reports, Annotations, and Bibliographies Citing My Publications

ZZ70. Extracts from West's United States Code Annotated Citing My Publications

ZZ80. Extracts from LexisNexis' United States Code Service Citing My Publications

ZZ90. Extracts from Wikipedia Citing My Publications

ZZ95. Course Syllabi Citing My Publications

ZZ99. Placeholder and Other Miscellaneous Documents (planned 2011, 2012, 2013, etc.)

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Placeholder (2014)