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6/21/2019 12:16 PM
THE FOREIGN EMOLUMENTS CLAUSE—WHERE THE BODIES ARE BURIED: “IDIOSYNCRATIC” LEGAL POSITIONS* SETH BARRETT TILLMAN† I. II. III. IV. V.
INTRODUCTION ............................................................................... 238 PRESIDENTIAL ELECTORS AND THE BRIEF OF THE LEGAL HISTORIANS .................................................................................... 242 THE AFTERMATH OF THE HAMILTON DOCUMENTS IMBROGLIO: MIKE STERN’S “NATIONAL TREASURE ORIGINALISM” ................. 252 PROFESSOR VICTORIA F. NOURSE AND THE ABYSS ...................... 262 THE WAY FORWARD ...................................................................... 275
* A draft version of Part III, absent footnotes, appeared on The Originalism Blog. † Lecturer, Maynooth University Department of Law. Roinn Dlí Ollscoil Mhá Nuad. I thank Professor Josh Blackman and the student editors at South Texas Law Review for the opportunity to present my preliminary thoughts at their September 8, 2017 symposium on the Foreign Emoluments Clause. In addition to my academic and popular, print and online, publications, I have filed several briefs in the three federal district court actions—one of which is now on appeal. See, e.g., Brief of Scholar Seth Barrett Tillman & the Judicial Education Project as Amici Curiae Supporting Appellee and Affirmance, Citizens for Responsibility & Ethics in Wash. v. Trump, No. 18-0474-cv (2d Cir. June 5, 2018), ECF No. 135, 2018 WL 2722468; Corrected Response of Scholar Seth Barrett Tillman & the Judicial Education Project as Amici Curiae in Support of the Defendant, District of Columbia & Maryland v. Trump, No. 8:17-cv-01596-PJM (D. Md. Dec. 31, 2017), ECF No. 77, 2017 WL 6880026; Motion and Brief for Scholar Seth Barrett Tillman & the Judicial Education Project as Amici Curiae Supporting Defendant, District of Columbia & Maryland v. Trump, No. 8:17-cv-01596-PJM (D. Md. Oct. 6, 2017), ECF No. 27-1, 2017 WL 4685826; Brief for Scholar Seth Barrett Tillman & the Judicial Education Project as Amici Curiae Supporting Defendant, Blumenthal v. Trump, No. 1:17-cv-01154 (D.D.C. Sept. 19, 2017), ECF No. 16-1, 2017 WL 4230605; Amicus Curiae Scholar Seth Barrett Tillman’s & Proposed Amicus Curiae Judicial Education Project’s Response to Amici Curiae by Certain Legal Historians, Citizens for Responsibility & Ethics in Wash. v. Trump, 276 F. Supp. 3d 174 (S.D.N.Y. Sept. 19, 2017), ECF No. 85-1, 2017 WL 4685886; Motion and Brief for Scholar Seth Barrett Tillman as Amicus Curiae Supporting Defendant, Citizens for Responsibility & Ethics in Wash. v. Trump, 276 F. Supp. 3d 174 (S.D.N.Y. June 16, 2017), ECF No. 37, 2017 WL 2692500. My publications can be found on Westlaw, LexisNexis, HeinOnline, and on the Social Science Research Network. See Scholarly Papers [of Seth Barrett Tillman], SOCIAL SCIENCE RESEARCH NETWORK (last visited Jan. 7, 2018), https://ssrn.com/author=345891; see also Selected Works of Seth Barrett Tillman, BEPRESS (last visited Jan. 7, 2018), https://works.bepress.com/seth_barrett_tillman/. Feel free to contact me if you have any difficulty finding Tillman-authored materials. sbarrettillman@yahoo.com, @SethBTillman.
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