Seth Barrett Tillman

Planned Extract from Zephyr Teachout, The Meaning of Corruption (forthcoming circa Dec. 2012), citing Either/Or: Professors Teachout and Amar -- Contradictions and Suggested Reconciliation

Seth Barrett Tillman — Sun, 05 Feb 2012 08:04:34 PST

This is a planned extract from Zephyr Teachout, The Meaning of Corruption (forthcoming circa Dec. 2012), citing Either/Or: Professors Teachout and Amar -- Contraditions and Suggested Reconciliation.

[no extract is yet available]

February 5, 2012

Planned Extract from United States Code Service, Section on Article II, Section 1, Clause 8 (LexisNexis forthcoming circa 2012), citing Tillman & Tillman's A Fragment on Shall and May

Seth Barrett Tillman — Thu, 12 Jan 2012 01:22:26 PST

This is a planned extract from United States Code Service § Article II, Section 1, Clause 8 (LexisNexis forthcoming circa 2012) (Presidential Oath Clause), citing Tillman & Tillman's A Fragment on Shall and May.

[Jan. 12, 2012]

Citation List to "Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar – Contradictions and Reconciliation"

Seth Barrett Tillman — Sun, 11 Dec 2011 05:50:29 PST

This is a citation list to the "Either/Or: Professors Zephyr R. Teachout and Akhil Reed Amar – Contradictions and Reconciliation"

[January 31, 2012]

Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar – Contradictions and Reconciliation (2012)

Seth Barrett Tillman — Sun, 11 Dec 2011 03:51:43 PST

The Foreign Emoluments Clauseis a constitutional backwater. So much so, that there is no substantial discussion of this clause in any federal adjudication (although the Office of Legal Counsel has regularly opined on it). Backwaters, however, have an unappreciated and significant virtue. They allow us to discuss our precommitments, assumptions, and methodological positions free from the distractions of the great political issues of the day – issues which naturally tend to divide us in ways which may be unconnected to the merits. Simply put, backwaters allow us to freely debate the merits of contestable worldviews. That is what I propose to do here.

Both Professors Zephyr Rain Teachout and Akhil Reed Amar have discussed the Foreign Emoluments Clause in their recent publications. Amar is an originalist, perhaps the most influential American originalist of the late twentieth century; Teachout, although, perhaps, not an originalist per se, regularly writes in an originalist mode – parsing drafting history, text, structure, precedent, and history – in search of a public (or, perhaps, an intended) meaning contemporaneous with ratification. Both Teachout and Amar might be fairly characterized as left-of-center, but both are also clearly in the academic mainstream. Both Teachout and Amar’s publications are actively cited, if not widely acclaimed, and my own view is that citations and public acclaim vastly underestimate the influence of these two scholars. (However, as do all mere humans, both Teachout and Amar stray into some truly puzzling errors from time to time.) Indeed, there are now several publications that cite both Teachout and Amar.

Interestingly, each takes a position in regard to the Foreign Emoluments Clause which is in clear conflict with the position taken by the other. The stakes here involve more than the contours, scope, purpose, and original public meaning of the Foreign Emoluments Clause (which, in itself, is not an entirely minor thing).

If Amar is correct, then Teachout must be wrong, and it follows that Teachout’s views in regard to congressional power to limit election-related speech and spending are (if not flatly wrong) something that must be carefully reconsidered in light of Amar’s contrary position.

On the other hand, if Teachout is correct, then Amar must be wrong, and it follows that Amar’s views in regard to constitutional structure, intratextualism, and the meaning of coordinate language in other constitutional clauses are (if not plainly wrong) something that must be closely reexamined in light of Teachout’s contrary teachings. This paper will explore that conflict, and, then, I will attempt to reconcile the two positions.

[January 23, 2012]

Planned Extract from Michael S. Ariens & Robert A. Destro, Religious Liberty in a Pluralistic Society (3d ed. forthcoming circa Dec. 2012), citing Tillman's Interpreting Precise Constitutional Text

Seth Barrett Tillman — Mon, 28 Nov 2011 08:46:30 PST

This is a planned extract from Michael S. Ariens & Robert A. Destro, Religious Liberty in a Pluralistic Society (3d ed. forthcoming circa Dec. 2012), citing Tillman's Interpreting Precise Constitutional Text.

[November 28, 2011]

Presentation: Interpreting Precise Constitutional Text: A Response to Professor Josh Chafetz

Seth Barrett Tillman — Wed, 23 Nov 2011 06:39:59 PST

Presentation: Interpreting Precise Constitutional Text: A Response to Professor Josh Chafetz, Law Faculty Seminar, National University of Ireland Maynooth, Moderator: Dr. Sibo Banda (November 23, 2011)

[November 23, 2011]

Presentation: The Relgious Test Clause and its Public Trust Language

Seth Barrett Tillman — Wed, 09 Nov 2011 00:50:24 PST

I have been invited to speak at Professor Robert A. Destro's First Amendment Seminar at the Catholic University of America School of Law. The invitation was extended on November 8, 2011. The topic will be the Religious Test Clause and its Public Trust language.

[November 9, 2011]

Discovery of a Primary Document Relating to Irish Revolution

Seth Barrett Tillman — Wed, 19 Oct 2011 08:17:42 PDT

This is a JPG or scan of a lodgment slip or a bank deposit slip for £10,000 from 1922. I found the document in a tired, dusty book in the Terenure Synagogue.

The deposit slip was signed by Robert Swifte, which I believe was an alias used by Robert Briscoe -- which would also explain why the document was found in a synagogue.

I expect the document to be put on display in the Irish Jewish Museum very soon.

This is just another good reason to attend synagogue regularly and to read avidly -- even tired, old, dusty books.

Seth

PS: In "Related Files", appearing at the bottom of this web page, you'll find two pages extracted from: Robert Briscoe, For the Life of Me (Little Brown and Company 1958).

John Mark Zeberkiewicz & Tiffany N. Piland, Valid Issuance of Capital Stock (2011), citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law

Seth Barrett Tillman — Wed, 12 Oct 2011 05:30:17 PDT

John Mark Zeberkiewicz & Tiffany N. Piland's Valid Issuance of Capital Stock, 44 Rev. Secs. & Commodities Reg. 191, 195 n.30 (2011), citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law.

[October 15, 2011]

Extract from Woody R. Clermont & Kionne L. McGhee, Hitting the Reset Button: Should Professor John F. Manning’s Separation of Powers as Ordinary Interpretation Lead to the Final Demise of the So-Called Separation Between Church and State? (2011), citing Tillman & Tillman's A Fragment on Shall and May

Seth Barrett Tillman — Tue, 11 Oct 2011 02:14:41 PDT

This is an extract from Woody R. Clermont & Kionne L. McGhee's Hitting the Reset Button: Should Professor John F. Manning’s Separation of Powers as Ordinary Interpretation Lead to the Final Demise of the So-Called Separation Between Church and State? (2011) (unpublished manuscript, on file with the authors), citing Tillman & Tillman's A Fragment on Shall and May.

[October 11, 2011]

Planned Extract from Konstantinos G. Margaritis's Dissertation (forthcoming circa 2013) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens)

Seth Barrett Tillman — Sun, 18 Sep 2011 07:19:20 PDT

This is a planned extract from Konstantinos G. Margaritis's Dissertation (forthcoming circa 2013) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens).

[not yet available or posted]

[September 18, 2011]

Extract from Konstantinos G. Margaritis, European Union accession to the European Convention on Human Rights: an institutional “marriage” (University of Denver Human Rights & Human Welfare Working Paper No. 65, 2011), citing Tillman & Tillman's Fragment on Shall & May

Seth Barrett Tillman — Wed, 14 Sep 2011 13:18:56 PDT

Extract from Konstantinos G. Margaritis's European Union accession to the European Convention on Human Rights: an institutional “marriage” 25 n.121 (University of Denver Human Rights & Human Welfare Working Paper No. 65, 2011), citing Tillman & Tillman's A Fragment on Shall & May.

[October 17, 2011]

Extract from Robert W. Bennett's Chi elegge il presidente degli Stati Uniti? Il problema del collegio elettorale (2009), citing Tillman's The Federalist Papers as Reliable Historical Source Material

Seth Barrett Tillman — Mon, 05 Sep 2011 13:33:08 PDT

Thi is an extract from Robert W. Bennett's Chi elegge il presidente degli Stati Uniti? Il problema del collegio elettorale 359 n.5 (2009), citing Tillman's The Federalist Papers as Reliable Historical Source Material.

[September 5, 2011]

Extract from Woody R. Clermont's "Your Lethal Injection Bill: A fight to the death over an expensive yellow jacket," acknowledging Seth Barrett Tillman

Seth Barrett Tillman — Sat, 03 Sep 2011 16:03:14 PDT

This is an extract from Woody R. Clermont's "Your Lethal Injection Bill: A fight to the death over an expensive yellow jacket," acknowledging Seth Barrett Tillman.

[September 25, 2011]

Planned Article -- Seth Barrett Tillman, An Open Letter (2011)

Seth Barrett Tillman — Mon, 29 Aug 2011 11:44:44 PDT

Here will be posted an article, i.e., Seth Barrett Tillman's An Open Letter (2011).

[August 29, 2011]

Extract from Steven E. Art & Zachary D. Clopton's The Meaning of the Seventeenth Amendment and A Century of State Defiance (2011), citing Tillman's Defending the Not So Indefensible

Seth Barrett Tillman — Fri, 26 Aug 2011 00:21:38 PDT

This is an extract from Steven E. Art & Zachary D. Clopton, The Meaning of the Seventeenth Amendment and A Century of State Defiance 40 n.172 (2011) (unpublished manuscript, on file with the authors), citing Tillman's Defending the Not So Indefensible.

[August 28, 2011]

Extract from Josh Chafetz's Congress's Constitution (forthcoming circa Mar. 2012), citing Tillman's The Annals of Congress, the Original Public Meaning of the Succession Clause, and the Problem of Constitutional Memory

Seth Barrett Tillman — Wed, 17 Aug 2011 03:05:58 PDT

This is an extract from Josh Chafetz, Congress's Constitution, 160 U. Pa. L. Rev. (forthcoming circa Mar. 2012) (manuscript at 26 n.149), citing Tillman's The Annals of Congress, the Original Public Meaning of the Succession Clause, and the Problem of Constitutional Memory -- a working paper.

[August 25, 2011]

Extract from Pier Luigi Petrillo, Democrazie Sotto Pressione (2011), citing Tillman's The Puzzle of Hamilton's Federalist No. 77

Seth Barrett Tillman — Sun, 07 Aug 2011 06:00:15 PDT

This will be an extract from Pier Luigi Petrillo, Democrazie Sotto Pressione 199 n.480, 433 (2011), citing Tillman's The Puzzle of Hamilton's Federalist No. 77.

[August 8, 2011]

Planned Extract from Byron E. Fox & Eleanor M. Fox, Corporate Acquisitions & Mergers (forthcoming circa Dec. 2012)

Seth Barrett Tillman — Sun, 24 Jul 2011 13:30:14 PDT

This is a planned extract from Byron E. Fox & Eleanor M. Fox's Corporate Acquisitions & Mergers (forthcoming circa Dec. 2012).

[no extract is currently available.]

[July 24, 2011]

Planned Extract from Luke Beck, Section 116 of the Australian Constitution (forthcoming circa 2013) (unpublished Ph.D. dissertation, Sydney Law School)

Seth Barrett Tillman — Sun, 24 Jul 2011 12:34:08 PDT

This is a planned extract from Luke Beck's future Ph.D. dissertation on Section 116 of the Australian Constitution (forthcoming circa 2013). Beck is taking his Ph.D. at Sydney Law School.

[extract no yet available or posted]

[July 24, 2011]