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 a
current invitation to speak at: Trinity College Dublin's Law Faculty. 

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 January 1, 2015) by the Social Science Research Network among the top
300 law authors using total number of downloads for all papers. My current total download
count on SSRN exceeds 13,000; on BEPRESS, it exceeds 34,000; and on ResesarchGate, it
exceeds 1,000. 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 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 (two different articles), European Review of Private Law, Journal of
Politics and Law (Canada), Law & History Review, Melbourne University Law Review,
Monash University Law Review (Australia) (two different articles, including one
forthcoming), 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
(four 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
(three 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 (ten 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 21 June 2015] 

A1. Bibliographic Materials

A2. Download Reports

A3. Links to my Publications, Responses, and Reprinted/Republished Articles

A4. Teaching and Teaching Materials

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

Link

Six Puzzles for Professor Akhil Amar, University of Chicago Legal Studies Workshop (November 11, 2013) (2013)
 

Link

Six Puzzles for Professor Akhil Amar, Northwestern University School of Law Workshop (November 5, 2013) (2013)
 

Link

Conference Paper: Six Puzzles for Professor Akhil Amar, Loyola University of Chicago Law School, Fourth Annual Constitutional Law Colloquium Conference Paper (November 1, 2013) (2013)
 

A6. Opinion Editorials, Interviews, Book Jacket Blurbs, etc.

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

Link

Letter to the Editor: On Geoffrey Stone, National Review Online: The Corner (2013)
 

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

A9. Legal Blogs and Listserv Exchanges

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

Equity and Trusts (2015)
 

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)
 

Link

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)
 

Link

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 2014, and working papers)

W1. The Stanford Trilogy (working papers)

W2. Stanford Trilogy Charts (working papers)

X. Literature, Criticism, and History

Link

Advice to the Allies—1945, Claremont Review of Books (2015)
 

ZZ01. Extracts from Judicial Opinions Citing My Publications

ZZ02. Extracts from Legal Briefs (including Motions and Affidavits) and Agency Submissions 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, Books, 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. Other Miscellaneous Documents