Seth Barrett Tillman

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Articles

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

Professor Jeremy D. Bailey's The Traditional View of Hamilton’s Federalist No. 77 and an Unexpected Challenge: A Response to Seth Barrett Tillman, Harvard Journal of Law and Public Policy (forthcoming) (2010)

Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone’s Melville B. Nimmer Memorial Lecture and Essay, Penn St. L. Rev. (forthcoming) (2009)

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

Professor Robert F. Blomquist's Beyond Historical Blushing: A Plea for Constitutional Intelligence, a Response to Tillman's "Blushing Our Way Past Historical Fact and Fiction" and "Blushing Our Way Past History", Cardozo Law Review de novo (2009)

Professor Bruce G. Peabody's Analogize This: Constitutional Interpretation, Religion, and Maintaining the Political Order, a Response to Tillman's "Blushing Our Way Past Historical Fact and Fiction" and "Blushing Our Way Past History", Cardozo Law Review de novo (forthcoming) (2009)

Professor Stephen Michael Sheppard's What Oaths Meant to the Framers' Generation: A Preliminary Sketch, a Response to Tillman's "Blushing Our Way Past Historical Fact and Fiction" and "Blushing Our Way Past History", Cardozo Law Review de novo (2009)

A Reply To My Well-Meaning Critics, Cardozo Law Review de novo (not yet drafted, planned for 2009 or 2010 publication)) (2009)

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) (only available in individualized reprints, and on LexisNexis); 4 Duke J. Const. L. & Pub. Pol’y Sidebar 1 (available on Westlaw, forthcoming on LexisNexis) (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) (only available in individualized reprints, and on LexisNexis); 4 Duke J. Const. L. & Pub. Pol’y Sidebar 35 (available on Westlaw, forthcoming on LexisNexis) (2008)

Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming the Presidency, U. Pa. L. Rev. PENNumbra (2008)

Professor Steven G. Calabresi's Opening Statement: Does the Incompatibility Clause Apply to the President?, U. Pa. L. Rev. PENNumbra (2008)

Closing Statement: An "Utterly Implausible" Interpretation of the Constitution: A Reply to Professor Steven G. Calabresi, U. Pa. L. Rev. PENNumbra (2008)

Professor Steven G. Calabresi's Closing Statement: A Term of Art or the Artful Reading of Terms?, U. Pa. L. Rev. PENNumbra (2008)

Legislative Officer Succession - Chart A, WORKING PAPER (2008)

Legislative Officer Succession - Chart B, WORKING PAPER (2008)

Legislative Officer Succession - Chart B1, WORKING PAPER (2008)

Legislative Officer Succession - Chart C, WORKING PAPER (2008)

Legislative Officer Succession - Chart D, WORKING PAPER (2008)

Legislative Officer Succession - Chart E, WORKING PAPER (2008)

Legislative Officer Succession - Chart E1, WORKING PAPER (2008)

Legislative Officer Succession - Chart F, WORKING PAPER (2008)

Legislative Officer Succession - Chart G, WORKING PAPER (2008)

Legislative Officer Succession - Chart G1, WORKING PAPER (2008)

Legislative Officer Succession - Chart H, WORKING PAPER (2008)

Legislative Officer Succession - Chart H1, WORKING PAPER (2008)

Legislative Officer Succession - Chart I, WORKING PAPER (2008)

Legislative Officer Succession - Chart I1, WORKING PAPER (2008)

Legislative Officer Succession: Part I, WORKING PAPER (2008)

Legislative Officer Succession: Part I and Part II, WORKING PAPER (2008)

Legislative Officer Succession: Part III - A Constitutional Conjecture, WORKING PAPER (2008)

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

A Fragment on Shall and May (with Nora Rotter Tillman), WORKING PAPER (2007)

Noncontemporaneous Lawmaking: Can the 110th Senate Enact a Bill Passed By the 109th House?, Cornell Journal of Law and Public Policy (2007)

Professor Aaron-Andrew P. Bruhl's Against Mix-And-Match Lawmaking -- a response to Tillman's Noncontemporaneous Lawmaking, Cornell Journal of Law and Public Policy (2007)

Defending the (Not so) Indefensible: A Reply to Professor Aaron-Andrew P. Bruhl, Cornell Journal of Law and Public Policy (2007)

Gazing into the Crystal Ball of Future Developments in Delaware Corporate Law: What if the Past is not Prologue? (with R. Franklin Balotti), Corporate Governance Advisor (2007)

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

Professor Brian C. Kalt's Keeping Recess Appointments in Their Place -- a response to Tillman's Senate Termination of Presidential Recess Appointments, 103 Nw. U. L. Rev. Colloquy 292 (2009); 101 Nw. U. L. Rev. Colloquy 88 (2007)

Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt, 103 Nw. U. L. Rev. Colloquy 298 (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 (2009); 101 Nw. U. L. Rev. Colloquy 108 (2007)

Model Continuity of Congress Statute, Pierce Law Review (2006)

Professor Sanford V. Levinson's Assuring Continuity of Government -- a Comment on Tillman's Model Continuity of Congress Statute, Pierce Law Review (2006)

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

Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College. Reviewing: Enlightened Democracy: The Case for the Electoral College, New York University Journal of Law and Liberty (2005)

A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Viriginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned, Texas Law Review (2005)

Professor Gary S. Lawson's Burning Down the House (and Senate): A Presentment Requirement for Legislative Subpoenas Under the Orders, Resolutions, and Votes Clause -- a Comment on Tillman's A Textualist Defense, Texas Law Review (2005)

The Domain of Constitutional Delegations Under the Orders, Resolutions and Votes Clause: A Reply to Professor Gary S. Lawson, Texas Law Review (2005)

The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation, West Virginia Law Review (2003)

Contributions to Books

Corporate Governance in Mergers and Acquisitions (1621 PLI/Corp 35) (with Anne C. Foster), Mergers & Acquisitions 2007: What You Need to Know Now (2007)

Unpublished Papers

How the Founders and Ratifiers Experienced Time and Language: Implications for Modern Interpretations of the Constitution (not yet drafted, planned for 2009-2010 publication) (2010)

Killing Two Constitutional Birds With One Linguistic Stone: Tricky Resignation and the "Poorly Drafted" Ineligibility Clause and Impeachment Clause (not yet drafted, planned for 2009-2010 publication) (2010)

Textualist Hedgehogs and Structuralist Foxes: A Reply to the Critics of my Incompatibility Clause Jurisprudence (not yet drafted, planned for 2009-2010 publication) (2008)

Some Thoughts on the Normative Foundations of the Independent Legal Signficance Test (not yet drafted, planned for 2010 publication) (2001)

Presentations

Presentation: Some Thoughts on Legislative Officer Succession, Widener Law School (date to be determined) (2008)

Presentation: A Continuity of Congress Proposal, American Enterprise Institute (date to be determined) (2006)

Presentation: Everything You Always Wanted to Know About the Orders, Resolutions and Votes Clause that Professors Edward S. Corwin and Charles L. Black, Jr. failed to ask, NYU Journal of Law and Liberty (2005)

Presentation: What James Madison could have learned from the Westminster Parliamentary Tradition, Widener Law School (2005)

Other

Citation List to The Puzzle of Hamilton's Federalist No. 77 (2010)

Approbation: Letter from Professor Forrest McDonald to Seth Barrett Tillman (Feb. 14, 2009) (2010)

Extracts from Jennifer L. Berger and others' Fletcher Cyclopedia of the Law of Corporations (Cum. Supp. 2009) citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2009)

Law Professors' Amicus Brief -- filed August 3, 2009 -- in the Supreme Court of the United States citing Tillman's The Puzzle of Hamilton's Federalist No. 77 (2009)

Extract from William J. Carney's Mergers and Acquisitions: The Essentials citing Balotti & Tillman's Gazing into the Crystal Ball of Future Developments in Delaware Corporate Law: What if the Past is not Prologue? (2009)

Citation List to "Blushing Our Way Past Historical Fact And Fiction" and "Blushing Our Way Past History" (2009)

Extracts from West's Delaware Code Annotated (2009)

Extract from Rotunda & Nowak citing Calabresi-Tillman exchange on the Incompatibility Clause (2009)

Citation List to "Why Our Next President May Keep His or Her Senate Seat," and to "Why President-Elect Obama May Keep His Senate Seat After Assuming the Presidency" (2008)

Extract fom Michael J. Gerhardt's The Power of Precedent citing Tillman's A Textualist Defense (2008)

Memorandum of Law -- Filed December 9, 2008 -- in the Delaware Court of Chancery citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2008)

Memorandum of Law -- Filed December 4, 2008 -- in the Delaware Court of Chancery citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2008)

Memorandum of Law -- Filed November 12, 2008 -- in the Delaware Court of Chancery citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2008)

Memorandum of Law -- Filed October 3, 2008 -- in the Delaware Court of Chancery citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2008)

Citation List to Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2008)

Extract from Michael I. Meyerson's Liberty's Blueprint citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interprtation (2008)

Extract from Rotunda & Nowak citing Bruhl-Tillman exchange on Article I's Bicameralism Requirement (2008)

Citation list to A Fragment on Shall and May (2007)

Combined Citation List (2007)

Links To My Publications Posted on SSRN and Elsewhere on the Internet (2007)

Citation List To Noncontemporaneous Lawmaking (2007)

Links to Responses to my Publications Posted on SSRN and Elsewhere on the Internet (2007)

Citation List To Gazing Into the Crystal Ball of Future Developments in Delaware Corporate Law (2007)

Citation List to Senate Termination of Presidential Recess Appointments (2007)

Extract from a Congressional Research Service Report for Congress citing Kalt-Tillman Colloquy on Recess Appointments (2007)

Citation List To A Textualist Defense of Article I, Section 7, Clause 3 (2007)

Citation List to Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College (2007)

Citation List To Model Continuity of Congress Statute (2007)

Citation List to The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation (2007)

Extract from Dan T. Coenen's The Story of The Federalist: How Hamilton and Madison Reconceived America citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation (2007)

Extract from Michael J. Gerhardt et al.'s Constitutional Theory: Arguments and Perspectives citing Tillman's A Textualist Defense (2007)

Extract from Michie's Jurisprudence of Virginia & West Virginia citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation (2007)

Extract from Ralph A. Rossum & G. Alan Tarr's American Constitutional Law citing Tillman's A Textualist Defense (2007)

Extract from Rotunda & Nowak citing Kalt-Tillman exchange on Recess Appointments (2007)

Extract from United States Code Annotated, Section on Article II, Section 2, Clause 3, citing Kalt-Tillman exchange (2006)

Extract from Christopher Brooks' Chisholm to Alden: James Wilson's Artificial Person in American Supreme Court History citing Tillman's A Textualist Defense (2006)

Extract from Continuity of Government Commission Web Page citing Levinson-Tillman exchange on the continuity of Congress (2006)

Extract from Harold H. Bruff's Balance of Forces citing Tillman's A Textualist Defense (2006)

Extract from Karen Crabbs Fernandes' Delegation and the Administrative State citing Levinson-Tillman exchange and other Tillman publications (2006)

Extract from National Conference of Commissioners on Uniform State Laws agenda document relying on Levinson-Tillman exchange on Continuity of Congress (2006)

Extract from Robert F. Williams' State Constitutional Law citing Tillman's A Textualist Defense (2006)

Extract from Robert W. Bennett's Taming the Electoral College citing Tillman's The Federalist Papers as Reliable Historical Source Material (2006)

Extract from Rotunda & Nowak citing Lawson-Tillman exchange on Article I, Section 7, Clause 3 (2006)

Extract from United States Code Annotated, Section on Amendment XII, citing Tillman's Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College (2006)

Extract from United States Code Annotated, Section on Article I, Section 6, Clause 2, citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation and the Calabresi-Tillman and the Prakash-Tillman exchanges on the Incompatibility Clause (2006)

Extract from United States Code Annotated, Section on Article I, Section 7, Clause 2, citing Tillman's A Textualist Defense and citing the Bruhl-Tillman exchange (2006)

Extract from United States Code Annotated, Section on Article I, Section 7, Clause 3, citing Lawson-Tillman exchange and Levinson-Tillman exchange (2006)

Extract from United States Code Annotated, Section on Article II, Section 3, citing Tillman's Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College (2006)

Extract from United States Code Annotated, Section on Article V, citing Tillman's A Textualist Defense (2006)

Extract from United States Code Service, Section on Amendment XII, citing Tillman's Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College (2006)

Extract from United States Code Service, Section on Article I, Section 6, Clause 2, citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation and the Calabresi-Tillman and the Prakash-Tillman exchanges on the Incompatibility Clause (2006)

Extract from United States Code Service, Section on Article I, Section 7, Clause 2, citing Tillman's A Textualist Defense and citing Tillman's Reply to Bruhl (2006)

Extract from United States Code Service, Section on Article I, Section 7, Clause 3, citing Lawson-Tillman exchange and Levinson-Tillman exchange (2006)

Extract from United States Code Service, Section on Article II, Section 2, Clause 3, citing Kalt-Tillman exchange (2006)

Extract from United States Code Service, Section on Article II, Section 3, citing Tillman's Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College (2006)

Extract from United States Code Service, Section on Article V, citing Tillman's A Textualist Defense (2006)

United States Senate Document -- The Constitution of the United States of America: Analysis and Interpretation (Supp. 2008) citing Tillman's A Textualist Defense (2005)

United States Senate Document -- The Constitution of the United States of America: Analysis and Interpretation (Supp. 2006) citing Tillman's A Textualist Defense (2005)

Extract from David Brian Robertson's The Constitution and America's Destiny citing Tillman's A Textualist Defense (2005)

Extract from John R. Vile's The Constitutional Convention of 1787 citing Tillman's A Textualist Defense (2005)

Extract from Meese, Spalding, and Forte's The Heritage Guide to the Constitution citing Lawson-Tillman exchange on Article I, Section 7, Clause 3 (2005)

Extract from Peter M. Shane and Harold H. Bruff's Separation of Powers Law citing Tillman's A Textualist Defense (2005)

Extract from Yvette Barksdale's Recent Articles of Interest in Administrative & Regulatory Law News citing the Lawson-Tillman exchange on Article I, Section 7, Clause 3 (2005)

New South Wales Department of the Legislative Assembly: Annual Report citing Tillman (2005)

Publications Calling Article I, Section 7, Clause 3 the Orders, Resolutions, and Votes Clause (2004)

Extract from Bryan A. Garner's Black's Law Dictionary (9th ed. 2009) defining "Order, Resolution, or Vote Clause" (2004)

Extract from W.J. Stewart's "Collins Dictionary of Law" defining "order resolution or vote" (2004)

Representative Internet Citations and Acknowledgments (2003)

Links to Forthcoming Publications Posted on SSRN and on BEPRESS or Elsewhere on the Internet Citing or Acknowledging my Publications (or me) (2002)

November 18, 2009 BEPRESS Download Report (2001)

November 18, 2009 SSRN Download Report (2001)

Extract from John R. Vile's Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2008 (3d ed. forthcoming circa 2010) citing Tillman's A Textualist Defense (2000)

Extract from James D. Cox & Thomas Lee Hazen's Cox & Hazen on Corporations (3d ed. forthcoming circa 2010) citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law (2000)

Extract from Rotunda & Nowak (4th ed. forthcoming Supp. 2010) citing Tillman's The Puzzle of Hamilton's Federalist No. 77 (1999)

Extract from Robert W. Bennett's Originalism and The Living American Constitution, in Robert W. Bennett and Lawrence Solum, Constitutional Originalism and Living Constitutionalism: A Debate and Discussion citing Tillman's A Textualist Defense (1998)

Extract from Michael L. Rosin's A Compound Ratio: How the Electoral College Got Its Proportions and How That Has Mattered (unpublished manuscript) citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation and Betwixt Principle and Practice:Tara Ross's Defense of the Electoral College (1997)

Extract from Jay Wexler's The Odd Clauses: Twelve Parts of the Constitution You Might Not Know About But Should (planned publication 2011) citing Calabresi-Tillman exchange and Prakash-Tillman exchange (1996)