Search for: "Josh Blackman, Seth Barrett Tillman" Results 101 - 112 of 112
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18 May 2020, 11:30 am by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Last week, the en banc Fourth Circuit decided two related cases in the Foreign Emoluments Clause litigation. [read post]
24 Jan 2020, 5:56 am by Josh Blackman
Seth Barrett Tillman and I flagged this issue on Lawfare more than a month ago: In the impeachment context, Trump's liability could result from knowingly failing to take care that his subordinates faithfully executed the law. [read post]
20 Jan 2021, 5:00 am by Keith E. Whittington
Josh Blackman and Seth Barrett Tillman have offered the president some solace. [read post]
4 Nov 2019, 4:02 am by Josh Blackman
[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]
26 Jun 2020, 2:03 pm by Josh Blackman
At the time, Seth Barrett Tillman and I wrote a lengthy post explaining why the Plaintiffs lacked an equitable cause of action to challenge ultra vires action. [read post]
25 Jul 2020, 12:17 pm by Josh Blackman
At the time, I asked Josh Chafetz, an expert on all things Congress, whether there was any precedent for Congress issuing a subpoena to a Supreme Court Justice. [read post]
31 Jul 2019, 7:46 am by Josh Blackman
[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]
4 Oct 2019, 4:00 am by Josh Blackman
[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]
10 Jun 2020, 11:31 am by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Recently, the Supreme Court decided Financial Oversight and Management Bd. for Puerto Rico v. [read post]
15 Feb 2018, 10:00 am by Josh Blackman
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]
19 Jan 2021, 1:18 pm by Keith E. Whittington
It seems likely that if and when President Trump is put on trial in the Senate for high crimes and misdemeanors, his lawyers will argue that the president was exercising his First Amendment right to free speech in the weeks after the election—and, as a consequence, his words cannot form the basis of an impeachable offense. [read post]