Law Commons^™

Extract From Michael J. Gerhardt's Non-Judicial Precedent (Unc Legal Studies Research Paper No. 1011505, 2007), Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Michael J. Gerhardt's Non-Judicial Precedent, a UNC Legal Studies Research Paper, citing Tillman's A Textualist Defense.

This paper was eventually published in Vanderbilit Law Review. However, Textualist was not cited in the published version.

[February 14, 2011]

United States Senate Document -- The Constitution Of The United States Of America: Analysis And Interpretation (Supp. 2006) Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

This document contains a complete copy of The Constitution of the United States of America: Analysis and Interpretation / 2006 Supplement, S. Doc. No. 110-6, at 1 n.2, 2 n.5, 31 (Kenneth R. Thomas et al. eds., 2007) (prepared by the Congressional Research Service and Library of Congress).

The document is available from the Government Printing Office and available at http://tinyurl.com/5cbe5e. This United States Senate document discusses "A Textualist Defense of Article I, Section 7, Clause 3" and the "ORV Clause." See also id. at 127.

[August 3, 2011]

Citation List To "Noncontemporaneous Lawmaking," And To Tillman's Reply To Bruhl, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Noncontemporaneous Lawmaking," and to Tillman's Reply to Bruhl.
[25 May 2016]

Noncontemporaneous Lawmaking: Can The 110th Senate Enact A Bill Passed By The 109th House?, Seth Barrett Tillman

Seth Barrett Tillman

The text of the Constitution nowhere expressly demands contemporaneous action (i.e., during the life of a single two year session) by the two houses of Congress as a precondition for valid lawmaking. No on-point federal decision mandates contemporaneity - nor do the precedents of the two Houses (i.e., the reported decisions of the Speaker, the Clerk, the Secretary, the parliamentarians, etc.). Is this a power Congress has chosen never to exercise? Or, a power that Congress does not possess? Can we be sure that the federal courts would intervene to block such a practice, particularly if the bill were signed …

Defending The (Not So) Indefensible: A Reply To Professor Aaron-Andrew P. Bruhl, Seth Barrett Tillman

Seth Barrett Tillman

This paper replies to Professor Bruhl's response, Against Mix-and-Match Lawmaking, to my opening article: Noncontemporaneous Lawmaking. The trilogy of articles discuss the constitutional validity (or invalidity) of noncontemporaneous lawmaking, i.e., the House and the Senate passing the same bill, but not within a given two-year House term, followed by subsequent presentment to the President (some unspecified time thereafter). Professor Bruhl's erudite essay required that I clarify and fine tune my prior position. I respond to his arguments with textual, historical, and quasi-structural arguments.

This paper, like the opening article, makes heavy use of foreign authority, particularly Irish and Australian authority. …

Social Science Research Network ("Ssrn") Download Report, Seth Barrett Tillman

Seth Barrett Tillman

SSRN download report.

Ranked in the top 300 for total number of downloads for all papers (for all time, i.e., not restricted to the last 12 months of downloads).

[updated from time-to-time]

[August 1, 2014]

Extract From Michie's Jurisprudence Of Virginia & West Virginia, Citing Tillman's The Federalist Papers As Reliable Historical Source Material For Constitutional Interpretation, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Michie's Jurisprudence of Virginia & West Virginia.

[March 23, 2010]

Bepress Download Report, Seth Barrett Tillman

Seth Barrett Tillman

BEPRESS Download Report.

Most recent: August 31, 2014

[updated from time-to-time]

Extract From Rotunda & Nowak, Treatise On Constitutional Law (4th Ed. 2007) Citing Kalt-Tillman Exchange On Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract fom Rotunda and Nowak's Treatise on Constitutional Law. The extract cites the 2007 Kalt-Tillman exchange on recess appointments.

2 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law: Substance and Procedure § 9.8(a) n.5 (4th ed. 2007).

Reprinted from Nowak and Rotunda's Treatise on Constitutional Law: Substance and Procedure, 4th, with permission. Copyright (C) 2007 Thomson/West. No further distribution may be made. For additional information about this title please visit www.west.thomson.com.

[August 17, 2010]

Citations By Practitioners In Legal Briefs And Agency Filings, And Other Practitioner-Authored Publications, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list, including citations by practitioners in legal briefs and agency filings, and other practitioner-authored publications.

[27 April 2015]

Citation List To Gazing Into The Crystal Ball Of Future Developments In Delaware Corporate Law, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Gazing into the Crystal Ball of Future Developments in Delaware Corporate Law: What if the Past is not Prologue?"

[January 2, 2013]

Extract From Rotunda & Nowak, Treatise On Constitutional Law (4th Ed. 2007) Citing Lawson-Tillman Exchange And Tillman's Reply To Lawson On Article I, Section 7, Clause 3, Seth Barrett Tillman

Seth Barrett Tillman

This contains extracts fom Rotunda and Nowak's Treatise on Constitutional Law. The extracts cite the 2005 Lawson-Tillman exchange and Tillman's Reply to Lawson on Article I, Section 7, Clause 3.

2 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law: Substance and Procedure §§ 10.8(a) n.5, 10.8(b) n.8 (4th ed. 2007).

Reprinted from Nowak and Rotunda's Treatise on Constitutional Law: Substance and Procedure, 4th, with permission. Copyright (C) 2007 Thomson/West. No further distribution may be made. For additional information about this title please visit www.west.thomson.com.

[August 17, 2010]

Extract From Rotunda & Nowak, Treatise On Constitutional Law (3d Ed. Supp. 2007) Citing Lawson-Tillman Exchange And Tillman's Reply To Lawson On Article I, Section 7, Clause 3, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract fom Rotunda and Nowak's Treatise on Constitutional Law. The extracts cite the 2005 Lawson-Tillman exchange and Tillman's Reply to Lawson on Article I, Section 7, Clause 3.

2 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law: Substance and Procedure § 10.8(a) nn.5, 8 (3d ed. Supp. 2007).

Reprinted from Nowak and Rotunda's Treatise on Constitutional Law: Substance and Procedure, 3d, with permission. Copyright (C) 2007 Thomson/West. No further distribution may be made. For additional information about this title please visit www.west.thomson.com.

[August 16, 2010]

Links To My Publications Posted On Ssrn And Elsewhere On The Internet, Seth Barrett Tillman

Seth Barrett Tillman

The downloadable PDF file has internet links to my publications and to the responses thereto. The first hypertext link below -- http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=345891 -- lists only my publications. The remaining links below go to individual responses to my publications.

[5 July 2015]

Citation List: Law Clerks, Fellows, Dissertation Candidates, And Other Student Publications, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to my publications, listing only citations and acknowledgments in publications written by law clerks, fellows, dissertation candidates, and by other students.

[1 May 2015]

Links To Responses To My Publications Posted On Ssrn And Elsewhere On The Internet, Seth Barrett Tillman

Seth Barrett Tillman

Below are internet links (on SSRN, on BEPRESS, and elsewhere on the internet) to responses to my publications.

More than a dozen journal articles have been written responding to my publications. These responsive articles have been written by Professors Jeremy D. Bailey, Robert F. Blomquist, Aaron-Andrew P. Bruhl, Steven G. Calabresi (a rebuttal, and a closing statement), Brian C. Kalt (a response, and a rejoinder), Gary S. Lawson, Sanford V. Levinson, Bruce G. Peabody, Saikrishna B. Prakash, Stephen Michael Sheppard, and Zephyr Teachout (a rebuttal and a closing statement). Professor Peter C. Hoffer, Professor Brian C. Kalt, Buckner F. Melton, …

Extract From Dan T. Coenen's The Story Of The Federalist: How Hamilton And Madison Reconceived America Citing Tillman's The Federalist Papers As Reliable Historical Source Material For Constitutional Interpretation, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Dan T. Coenen's The Story of The Federalist: How Hamilton and Madison Reconceived America citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation.

[January 12, 2010]

Links To Reprinted And/Or Otherwise Republished Articles, Seth Barrett Tillman

Seth Barrett Tillman

This file contains links to Tillman-authored publications which have been reprinted and/or otherwise republished.

[May 28, 2014]

Citation List To Senate Termination Of Presidential Recess Appointments, And To Tillman's Reply To Kalt, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Senate Termination of Presidential Recess Appointments" and to Tillman's Reply to Kalt.

[October 1, 2013]

Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure support this position, nor do I feel inclined to do so, where as here, the text is …

Extract From Michael J. Gerhardt Et Al.'S Constitutional Theory: Arguments And Perspectives Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Michael J. Gerhardt et al.'s Constitutional Theory: Arguments and Perspectives citing Tillman's A Textualist Defense.

See Michael J. Gerhardt et al., Constitutional Theory: Arguments and Perspectives 210 (3d ed. 2007).

Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman

Seth Barrett Tillman

This article replies to Professor Kalt's response to my opening article, "Senate Termination of Presidential Recess Appointments."

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure …

Extract From T.J. Halstead, Congressional Research Service Report For Congress (2007), Citing Kalt-Tillman Colloquy On Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from a Congressional Research Service Report for Congress. The CRS Report cites the 2007 Kalt-Tillman colloquy on recess appointments. The full CRS document is available from CRS and is cited as T.J. Halstead, Cong. Research Serv., RL 33009, Recess Appointments: A Legal Overview CRS-11 n.74 (updated July 11, 2007).

[July 12, 2011]

Extract From Ralph A. Rossum & G. Alan Tarr's American Constitutional Law Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Ralph A. Rossum & G. Alan Tarr's American Constitutional Law citing Tillman's A Textualist Defense of Article I, Section 7, Clause 3.

See 1 Ralph A. Rossum & G. Alan Tarr, American Constitutional Law: The Structure of Government 140 (7th ed. 2007).

Citation List: Judicial Citations -- U.S. And Non-U.S., Seth Barrett Tillman

Seth Barrett Tillman

This is a list of judicial citations -- U.S. and non-U.S.

This list includes (currently) citations in publications by justices/judges/adjudicators, and in formal opinions/judgments.

[1 September 2015]

Citation List To The Federalist Papers As Reliable Historical Source Material For Constitutional Interpretation, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation."

[June 16, 2013]

Citation List To Betwixt Principle And Practice: Tara Ross's Defense Of The Electoral College, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Betwixt Principle and Practice: Tara Ross's Defense of the Electoral College."

[May 26, 2013]

Citation List To Model Continuity Of Congress Statute, And To Tillman's Reply To Levinson, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Model Continuity of Congress Statute," and to Tillman's Reply to Levinson.

[January 20, 2014]