About Seth Barrett Tillman

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, University of Chicago Law School Legal Studies Workshop, Thomas Jefferson School of Law, Lincoln Memorial University -- Duncan School of Law, Loyola University of Chicago Law School Fourth Annual Constitutional Law Colloquium, Marquette University Law School, New York University School of Law, Northwestern University School of Law Legal Scholarship Workshop, Quinnipiac University School of Law, Wayne State University Law School, Widener University School of Law, Roger Williams University School of Law, and the International Commission for the History of Representative & Parliamentary Institutions.

I have clerked for 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 Magistrate Judge Malachy E. Mannion (U.S. District Court for the Middle District of Pennsylvania -- now an Article III district court 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).

During Spring 2010, I taught Constitutional Law II at Rutgers University School of Law (Newark). 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 an associate editor for the British Journal of American Legal Studies, and a peer review editor for the Irish Law Journal.

I was ranked (circa 1 January 2016) by the Social Science Research Network among the top 250 law authors using total number of downloads for all papers. My current total download count on SSRN exceeds 16,000; on Berkeley Press, it exceeds 36,000; and on Resesarch Gate, it exceeds 1,000. This is a total of over 50,000 downloads.

More than a dozen journal articles -- all by academics -- have been written responding to my publications. These responsive articles were published: in 2005, by Gary S. Lawson; in 2006, by Sanford V. Levinson; in 2007, by Aaron-Andrew P. Bruhl, and also by Brian C. Kalt (a response and a rejoinder); in 2008, by Steven G. Calabresi (a rebuttal and a closing statement); in 2009, by Robert F. Blomquist, also by Saikrishna B. Prakash, and also by Stephen Michael Sheppard; in 2010, by Jeremy D. Bailey, and also by Bruce G. Peabody; in 2012, by Zephyr Teachout (an opening statement); and, in 2014, by Zephyr Teachout (a reply). In 2014, Professor Peter C. Hoffer, Professor Brian C. Kalt, Buckner F. Melton, Jr., and I participated in an exchange. The exchange was introduced with a foreward by Michael Stern.

My corporate law publications have been cited by the Delaware Court of Chancery, Massachusetts Superior Court (Suffolk County), in two filings before the Arizona Superior Court (Maricopa County), in eight legal briefs or other filings before the Delaware Supreme Court and the Delaware Court of Chancery, in a filing before the Indiana Court of Appeals, in sixteen books and treatises, in six journal articles, in one annotation, in two bibliographies (including one non-English bibliography), in seven newsletters and conference papers, and in eight blog posts. In total, there are over forty citations to my corporate law publications, including citations in books 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).

Among my twenty-three (published) journal articles, five have been reprinted or republished. Each of my journal articles and opinion editorials is cited in academic, professional, or government publications, or in legal briefs and submissions (before the Supreme Court of the United States, the Delaware Supreme Court, other courts of record, and the Irish Department of Environment, Community and Local Government). There are over three hundred citations to my articles appearing in over one hundred and fifty authored and anonymous treatises, annotations, and bibliographies, books and case books, doctoral dissertations, government publications (including a United States Senate document and a Congressional Research Service report), academic and professional newsletters and reports, working papers, legal briefs, and (U.S. and European) course syllabi, and in over one hundred and fifty journal articles, including articles appearing in peer-reviewed journals, e.g., African Journal of Legal Studies, Alberta Law Review, American Indian Law Review, American Journal of Comparative Law, Annual Review of Political Science, British Journal of American Legal Studies, Constitutional Commentary, Election Law Journal (four different articles), European Review of Private Law, Journal of the Gilded Age and Progressive Era, Journal of Politics and Law (Canada), Law & History Review, Melbourne University Law Review, Monash University Law Review (Australia) (two different articles), Oxford Pro Bono Publico Programme Paper, Presidential Studies Quarterly (two different articles), and Supreme Court Law Review (Canada), in practitioner-oriented journals, e.g., The Business Lawyer, Michigan Business Law Journal, Review of Securities and Commodities Regulation, Texas Journal of Business Law, Virginia Bar Association News, and in other highly regarded American law journals, e.g., Boston University Law Review (five different articles), California Law Review (two different articles), Cornell Law Review, Duke Law Journal (three different articles), Georgetown Law Journal (three different articles, including one forthcoming), Harvard Journal of Law and Public Policy, Harvard Law & Policy Review, Harvard Law Review (two different articles), Indiana Law Journal, Michigan Law Review (two different articles), Northwestern University Law Review (four different articles, including one forthcoming), Notre Dame Law Review, 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, and Yale Law Journal (two different articles). I have been personally acknowledged or thanked in some sixty publications (including U.S. and non-U.S. publications).

Finally, my publications have been discussed or cited on Wikipedia, on over seventy law-related websites and blogs, including, U.S. and non-U.S. academic law blogs, 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 (over a dozen posts). Moreover, I have been cited on several websites discussing Irish law, including: Paul MacMahon’s Ex Tempore, Rossa McMahon’s Clatter of the Law, and Eoin O’Dell’s Cearta.

Comments, correspondence, and citations are very welcomed. If you cite or quote from any of my materials in your publications and your publications will not appear either on LexisNexis or on Westlaw, I would appreciate your sending me 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; seth.tillman@nuim.ie.

[last updated 10 January 2016]


Present Visiting Professor of Law: Newcastle University School of Law, Australia (t/b/d), Other Affiliations
Present Adjunct Professor of Law: Rutgers Law School-Newark, New Jersey (Spring 2010), Other Affiliations
Present Lecturer of Law, National University of Ireland, Maynooth

Curriculum Vitae



Research Interests

Constitutional and Administrative Law and Business Entities


Contact Information



A1. Bibliographic Materials (11)

A2. Download Reports (3)

A4. Teaching and Teaching Materials (6)

A5. Presentations, Committees, Conferences, Memberships, Visitorships (past and current invitations) (16)

A6. Opinion Editorials, Interviews, Book Jacket Blurbs, etc. (29)

A7. Letters, including Letters to the Editor (Published) (8)

A8. Letters, including Letters to the Editor (Submitted) (20)

B. Private Law Publications (2007, 2008, republished 2011, and planned publications 2015) (8)

C. The Federalist Papers and Constitutional Interpretation (2003 and 2010) (6)

D. Orders, Resolutions, and Votes (ORV) Clause and Nondelegation Doctrine (2005 and 2013) (15)

E. Electoral College (2005) (3)

F. Continuity of Congress and Government (2006) (5)

G. Recess Appointments (2007, republished 2009, and relinked 2012) (6)

H. Contemporaneity in Lawmaking and the Enrolled Bill Rule (2007) (4)

I. Senate-Presidential Incompatibility and the Original Public Meaning of Article I, Section 6, Clause 2 (2008, 2009, and 2012) (9)

K. The Text of the Constitution (2010) (2)

L. Constitutional Theory & History (2009, 2010, 2012, 2013, 2014, 2015, forthcoming, and working papers) (38)

W1. The Stanford Trilogy (working papers) (4)

W2. Stanford Trilogy Charts (working papers) (14)

X. Literature, Criticism, and History (10)

ZZ01. Extracts from Judicial Opinions Citing My Publications (2)

ZZ10. Extracts from Think Tank, Government, and Quasi-Government Publications Citing, Acknowledging, or Relying on My Publications (or on me personally) (18)

ZZ20. Extracts from Forthcoming and Other Difficult To Find Journal Articles Citing, Acknowledging, or Relying on My Publications (or on me personally) (67)

ZZ30. Extracts from Treatises, Books, and Other Difficult To Find Publications Citing, Acknowledging, or Relying on My Publications (or on me personally) (88)

ZZ40. Extracts from Rotunda & Nowak's Multivolume Treatise and Single Volume Hornbook Citing My Publications (15)

ZZ50. Extracts from Academic and Professional Newsletters and Reports Citing My Publications (10)

ZZ60. Extracts from Anonymous Treatises, Reports, Annotations, and Bibliographies Citing My Publications (7)

ZZ70. Extracts from West's United States Code Annotated Citing My Publications (19)

ZZ80. Extracts from LexisNexis' United States Code Service Citing My Publications (17)

ZZ90. Extracts from Wikipedia Citing My Publications (12)

ZZ95. Course Syllabi Citing My Publications (4)

ZZ99. Other Miscellaneous Documents (10)