Search for: "Seth Barrett Tillman, Josh Blackman"
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19 Nov 2019, 6:15 am
Over at Balkinization, Josh Blackman and Seth Barrett Tillman have a long post addressing an unlikely problem: “Could Justice Thomas Preside over President Trump’s Impeachment Trial? [read post]
17 Nov 2019, 10:49 am
[Seth Barrett Tillman and I suggest that the answer is yes.] [read post]
17 Nov 2019, 10:10 am
Josh Blackman and Seth Barrett Tillman During most impeachment trials, the Vice President presides over the Senate. [read post]
4 Nov 2019, 4:02 am
[Resolutions to approve the acceptance of foreign gifts and emoluments must be presented to the President] [This post is co-authored with Professor Seth Barrett Tillman] The Foreign Emoluments Clause provides that "[N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [read post]
21 Oct 2019, 3:55 pm
Over the past two years, Professor Seth Barrett Tillman and I have written extensively about the practices of President Washington. [read post]
7 Oct 2019, 4:15 am
So I would ask unanimous consent that we enter into the record the statement from Professor Josh Blackman and lecturer Seth Tillman detailing the exchange with Miss Ochoa's office. [read post]
4 Oct 2019, 4:00 am
[DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion] [This post is co-authored with Seth Barrett Tillman] In a recent post, we explained that the Congressional Research Service ("CRS") has shifted its position concerning the Foreign Emoluments Clause. [read post]
3 Oct 2019, 4:30 am
[CRS has relied on Tillman’s Scholarship about who holds an “Office . . . under” the United States] [This post is co-authored with Seth Barrett Tillman] The Foreign Emoluments Clause provides that "no Person holding any Office of Profit or Trust under them [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [read post]
14 Aug 2019, 8:17 am
Check out Josh Blackman and Seth Barrett Tillman's piece at The Volokh Conspiracy on why the federal courts lack equitable jurisdiction in the border wall funding case and the emoluments challenge. [read post]
5 Aug 2019, 6:09 pm
Seth Barrett Tillman (Maynooth University) and Josh Blackman (South Texas College of Law) have posted What is the Plaintiff's Cause of Action in the Wall Litigation to the Volokh Conspiracy blog hosted at reason.com. [read post]
1 Aug 2019, 5:35 am
And at “The Volokh Conspiracy,” Josh Blackman and Seth Barrett Tillman have a post titled “What is the Plaintiffs’ Cause of Action in the Wall Litigation? [read post]
31 Jul 2019, 7:46 am
[Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action ] [This post is co-authored with Seth Barrett Tillman, Lecturer, Maynooth University Department of Law. [read post]
13 Aug 2018, 3:05 am
Harris, Bloomberg, Washington Post; two views at Volokh Conspiracy from David Post and Josh Blackman and Seth Barrett Tillman; earlier on Emoluments Clause litigation] Last year I noted the hotel-competitor fact pattern as the kind of emoluments case most likely to clear the standing hurdle; Excessive fines are unconstitutional, whether levied on persons or on groups of persons [Ilya Shapiro and Matthew Larosiere and Dave Kopel on Cato/Independence… [read post]
3 Aug 2018, 12:17 pm
Josh Blackman and Seth Barrett Tillman, have passed along this response to the recent decision in the Emoluments Clause litigation against President Trump; naturally, I'd be delighted to post a response in turn from their adversaries. [read post]
3 Aug 2018, 9:10 am
For yet a different take on Mueller's constitutionality, check out Seth Barrett Tillman and Josh Blackman's piece on Lawfare, Is Robert Mueller an "Officer of the United States" or an "Employee of the United States? [read post]
28 Jul 2018, 4:53 am
Josh Blackman and Seth Barrett Tillman questioned whether Mueller is an “Officer” of the United States or an “Employee” of the United States in light of the Supreme Court’s recent decision in Lucia v. [read post]
27 Jul 2018, 9:30 pm
"ICYMI: Josh Blackman & Seth Barrett Tillman on Lawfare: Is Robert Mueller an “Officer of the United States” or an “Employee of the United States”? [read post]
24 Jul 2018, 12:10 pm
Seth Barrett Tillman and Josh Blackman questioned whether special counsel Robert Mueller is an “officer” or “employee” of the United States. [read post]
15 Feb 2018, 10:00 am
As my colleague Seth Barrett Tillman and I explained on the Volokh Conspiracy (Parts 6, 7, and 8), our official-versus-individual capacity argument is likely the only thing standing between President Trump and a discovery order. [read post]
26 Jan 2018, 2:38 am
The Interactive Constitution also features explanations of the Foreign Emoluments Clause of Article I, Section 9, Clause 8 by Seth Barrett Tillman and Zephyr Teachout. [read post]