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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]
5 Aug 2019, 6:09 pm by Robin Effron
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 by Howard Bashman
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 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]
19 Jun 2019, 12:05 pm by Paul Caron
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 by Dan Ernst
  Also, Seth Barrett Tillman’s latest brief in the emoluments-clause litigation. [read post]
19 Apr 2019, 9:31 am by Josh Blackman
(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 by Dan Ernst
 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 by Dan Ernst
Seth Barrett Tillman comments on Richard H. [read post]
13 Aug 2018, 3:05 am by Walter Olson
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 by Karen Tani
  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 by Josh Blackman
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 by Steven D. Schwinn
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]