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16 Dec 2019, 3:27 pm by Josh Blackman
My colleague Seth Barrett Tillman suggested another option. [read post]
14 Dec 2019, 7:45 am by Jeremy Gordon
Responding to an analysis by Hilary Hurd and Benjamin Wittes Seth Barrett Tillman argued that Senate rules do not require a full trial, and do not equate “removal” with “disqualification. [read post]
10 Dec 2019, 11:34 am by Gordon Ahl
Seth Barrett Tillman suggested that the Senate rules on impeachment do not require a full trial and that the Senate votes separately on removal and disqualification. [read post]
7 Dec 2019, 7:28 pm by Josh Blackman
Seth Barrett Tillman and I explained why the allegations–trading one public act for another public act–do not meet the specific requirements for bribery. [read post]
7 Dec 2019, 6:00 am by Gordon Ahl
Josh Blackman and Seth Barrett Tillman proposed a framework for understanding bribery as an impeachable offense that would not apply to Trump's actions involving Ukraine. [read post]
6 Dec 2019, 10:53 am by Howard Bashman
“Defining a Theory of ‘Bribery’ for Impeachment”: Josh Blackman and Seth Barrett Tillman have this post at the “Lawfare” blog. [read post]
25 Nov 2019, 9:39 am by Josh Blackman
I thank Adam Liptak and the NYTimes for bringing up this interesting matter./3 — Seth Barrett Tillman (@SethBTillman) November 25, 2019 [read post]
20 Nov 2019, 3:12 pm by Josh Blackman
This week, I co-authored two essays with Seth Barrett Tillman on somewhat obscure legal questions. [read post]
20 Nov 2019, 4:50 am by Josh Blackman
[Seth Barrett Tillman and I defend the constitutionality of the Presidential Succession Act in Atlantic] Seth Barrett Tillman and I defend the constitutionality of the Presidential Succession Act in the Atlantic. [read post]
19 Nov 2019, 5:12 pm by Howard Bashman
” Josh Blackman and Seth Barrett Tillman have this guest post at the “Balkinization” blog. [read post]
19 Nov 2019, 6:15 am by Steve Lubet
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, 10:10 am by Guest Blogger
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 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]
21 Oct 2019, 3:55 pm by Josh Blackman
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 by Josh Blackman
[This post is co-authored with Seth Barrett Tillman] Since January 2017, litigants have alleged that President Trump is violating the Foreign and Domestic Emoluments Clauses. [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]
3 Oct 2019, 4:30 am by Josh Blackman
[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 by Steven D. Schwinn
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]