Seth Barrett Tillman Copyright (c) 2008 All rights reserved. http://works.bepress.com/seth_barrett_tillman Recent documents in Seth Barrett Tillman en-us Sat, 22 Nov 2008 04:08:14 PST 3600 Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming the Presidency http://works.bepress.com/seth_barrett_tillman/98 http://works.bepress.com/seth_barrett_tillman/98 Fri, 21 Nov 2008 07:14:31 PST The Incompatibility Clause bars Representatives and Senators from "holding any office under the United States." In (this) my opening paper, I argue that the phrase "office under the United States" is a term of art referring to statutory or appointed officers, not to the President. In short, the Incompatibility Clause does not bar joint Senate-Presidential office-holding; it bars Senators from working for the President (or being appointed by the President), it does not bar a Senator from being President.Professor Steven G. Calabresi disagrees. In his response, he states that my position is "utterly implausible." I reply to his reponse, and he offers a rebuttal. The focus of our exchange relates to the Oaths and Affirmations Clause, the Impeachments Clause, and the Commissions Clause. The Calabresi-Tillman series now appears in DRAFT form Tillman's opening appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292359), and on BEPRESS (http://works.bepress.com/seth_barrett_tillman/98/). Professor Steven G. Calabresi's response appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1294671). Tillman's reply appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292334), and on BEPRESS (http://works.bepress.com/seth_barrett_tillman/91/). Professor Steven G. Calabresi's rebuttal appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1294671). This article is my opening statement in the Calabresi-Tillman exchange. The related Professor Saikrishna B. Prakash-Tillman series now appears in DRAFT form Tillman's opening appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1099355), and on BEPRESS (http://works.bepress.com/seth_barrett_tillman/63/).Professor Saikrishna B. Prakash's response appears on BEPRESS (http://works.bepress.com/sai_prakash/4/).Tillman's reply to Prakash's response is yet to be drafted and posted.[November 21, 2008] Seth Barrett Tillman V. Senate-Presidential Incompatibility and the Original Public Meaning of Article I, Section 6 Second Brief Filed in the Delaware Court of Chancery citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law http://works.bepress.com/seth_barrett_tillman/97 http://works.bepress.com/seth_barrett_tillman/97 Tue, 18 Nov 2008 06:41:13 PST Plaintiffs' Motion for Default Judgment, Motion for Judgment on the Pleadings, and Motion for Attorneys' Fees and Costs 14, Noe v. Kropf, 2008 WL 4903893 (Del. Ch. Nov. 12, 2008) (No. 4050-CC) (filed by Greenberg Taurig, LLP) is a brief which cites Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law. [November 19, 2008] Seth Barrett Tillman Z. Extracts from Treatises and Hard To Find Publications Citing, Acknowledging, or Relying on My Publications (or on me personally)