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,
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 clerked
for Judge Mark E. Fuller (U.S. District Court for the Middle District of Alabama -- now
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 Magistrate Judge Malachy E. Mannion (U.S. District Court for the Middle District
of Pennsylvania). I am now a career law clerk in the federal system.
I am an observer on the National Conference of Commissioners on Uniform State Laws: Study
Committee -- Faithful Presidential Electors Act.
I am ranked among the top 500 law authors by the Social Science Research Network -- using
total number of downloads for all papers as of November 18, 2009. Full-length responses
to my publications have been written by Professors Gary S. Lawson (2005), Sanford V.
Levinson (2006), Aaron-Andrew P. Bruhl (2007), Brian C. Kalt (2007), Steven G. Calabresi
(2008), Saikrishna B. Prakash (2009), Robert F. Blomquist (2009), Stephen Michael
Sheppard (2009), Bruce G. Peabody (forthcoming 2009), and Jeremy D. Bailey (forthcoming
2010).
My corporate law publications have been cited in two authored treatises (one published,
one forthcoming), one anonymous treatise, one book, two journal articles (e.g., Illinois
Law Review), four legal briefs before the Delaware Court of Chancery, and seven internet
citations, by authors other than myself.
More generally, fifteen of my sixteen published articles are cited in academic or
government publications or legal briefs (before the Delaware Court of Chancery and the
Supreme Court of the United States), by authors other than myself. My most cited article
(A Textualist Defense) is cited in thirty-five different publications, by authors other
than myself. My publications have been cited in over twenty-five authored and anonymous
treatises, books and cases books, doctoral dissertations, Congressional Research Service
and other government publications (including two United States Senate documents), and
legal briefs -- all by authors other than myself.
My publications have been cited by over forty-five authors in over fifty (published)
journal articles, including articles appearing in peer-reviewed journals, e.g., American
Journal of Comparative Law and Election Law Journal, and in student-edited journals,
e.g., Boston College Law Review, Boston University Law Review (two different articles),
Duke Law Journal (two different articles), Emory Law Journal, Fordham Law Review,
Georgetown Law Journal (two different articles), Harvard Journal of Law and Public Policy
(forthcoming), Harvard Law & Policy Review, Illinois Law Review, Iowa Law Review,
Kentucky Law Journal, Stanford Law Review, Texas Law Review (three different articles),
UCLA Law Review (two different articles), University of Pennsylvania Journal of
Constitutional Law, and Vanderbilt Law Review (forthcoming). I have been personally
acknowledged or thanked, apart from my publications, in over a dozen articles (including
one foreign law review article). Finally, my publications have been discussed or cited on
academic law blogs (including one foreign academic law blog), on practitioners' law
blogs (including internet newsletters and abstracting services), and on blogs discussing
news and politics -- including, for example, the American Constitution Society Blog,
National Review's The Corner, and Instapundit.
Comments, correspondence, and citations are very welcomed.
[last updated November 7, 2009]
A1. Bibliographic Materials
A2. Legal Briefs, Motions, and Affidavits Citing My Publications (2008, 2009)
B. Corporate Law Publications (2007, 2008, and a planned 2010)
C. The Federalist Papers and Constitutional Interpretation (2003 and forthcoming 2010)
D. ORV Clause and Nondelegation Doctrine (2005)
E. Electoral College (2005)
F. Continuity of Congress and Government (2006)
G. Recess Appointments (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 (2008, 2009, and a planned 2009-2010)
J. Bill of Rights Related Articles (2009 and forthcoming 2009)
K. Constitutional Theory (planned 2009-2010 publications)
W1. The Text of the Constitution (working paper)
W2. The Stanford Trilogy (working papers)
W3. Stanford Trilogy Charts (working papers)
Z1. Extracts from Treatises and Hard To Find Publications Citing, Acknowledging, or Relying on My Publications (or on me personally)
Z2. Extracts from Government (and Quasi-Government) Publications Citing, Acknowledging, or Relying on My Publications (or on me personally)
Z3. Extracts from Anonymous Treatises Citing My Publications