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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]
19 Jun 2019, 12:05 pm
Rev. 1-183 (2019): Seth Barrett Tillman (Maynooth University), Merryman Redux: A Response to Professor John Yoo, 22 Chap. [read post]
31 May 2019, 9:30 pm
Also, Seth Barrett Tillman’s latest brief in the emoluments-clause litigation. [read post]
19 Apr 2019, 9:31 am
(Seth Barrett Tillman notes that the clause is framed in the passive voice; the president does not execute, but supervises those who execute.) [read post]
1 Mar 2019, 9:30 pm
Seth Barrett Tillman has posted a Understanding the Jefferson Diplomatic Gifts: A Response to Dr. [read post]
14 Jan 2019, 6:21 am
"I got there via "A Letter to Professor John McWhorter" by Seth Barrett Tillman, who writes:We (Americans) have had many talented wordsmiths in the White House. [read post]
4 Nov 2018, 4:25 pm
Seth Barrett Tillman comments on Richard H. [read post]
26 Oct 2018, 8:47 am
Thanks to Seth Barrett Tillman for the pointer. [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 Institute brief in… [read post]
3 Aug 2018, 9:30 pm
Also Seth Barrett Tillman and Josh Blackmon respond to Judge Messitte’s opinion in that Emoluments Clause decision on the Volokh Conspiracy.At the intersection of legal and medical history, Atlas Obscura has this piece on the grim profession of the "railway surgeon" in the 19th-early 20th century. [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
Seth Barrett Tillman, What is the "Privilege" of the Writ of Habeas Corpus? [read post]
25 Jul 2018, 11:58 am
Also, after considering it at length, Judge Messitte also rejected Seth Barrett Tillman’s argument in an amicus brief that the presidency was not covered by the Foreign Emouluments Clause. [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]
13 Jul 2018, 9:30 pm
Via Seth Barrett Tillman, National University of Ireland, Maynooth, here is an updated list of all the major filings in the various foreign emoluments clause cases. [read post]
23 Feb 2018, 9:30 pm
Seth Barrett Tillman, National University of Ireland, Maynooth, has been posting what we understand are parts of an article that is forthcoming in the South Texas Law Review. [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]
