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 will teach Constitutional Law II at Rutgers University School of Law (Newark) during
Spring 2010. And, 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), Jeremy D. Bailey (2010), and Bruce G. Peabody (2010).
My corporate law publications have been cited in three authored treatises (two 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, seventeen of my eighteen publications 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 over thirty-five different publications, by authors other than
myself. My publications have been cited in thirty 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, Harvard Law & Policy Review, Illinois Law Review, Iowa Law Review (two
different publications, including one forthcoming), 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, Vanderbilt Law
Review (forthcoming), William & Mary Bill of Rights Journal (three different
publications), Yale Law Journal (forthcoming), and Yale Law & Policy Review. I have
been personally acknowledged or thanked, apart from my publications, in twenty 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 January 21, 2010]
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 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 2010)
J. Bill of Rights Related Articles (2009 and forthcoming 2009 and planned 2010)
K. Constitutional Theory (planned 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