Everything you say can and will be used against you.

Thursday, July 20, 2017

Some Modern Academic Scholarship Posted on SSRN

Donald O. Mayer & Adam J. Sulkowski, Emoluments and Implications from Conflict of Interest Laws and Private Sector Fiduciary Duty (July 19, 2017), https://ssrn.com/abstract=3003141.

p.3 n.22: “Self-love seems to be central to the personality of the 45th President of the United States.” Modern academic scholarship.

p.6: “When President Obama was awarded the Nobel Prize for Peace, he sought and received permission from Congress.” How is it possible to write on the Foreign Emoluments Clause and make a claim like this absent any citation?

p.20: “The notion that the [Foreign] Emoluments Clause was directed only toward quid pro quo exchanges does not withstand historical scrutiny.” No citation is provided indicating that anyone has suggested that the Foreign Emoluments Clause was limited to quid pro quo exchanges. Quite the opposite: The Foreign Emoluments Clause extends to “present[s];” so no exchange of any sort is necessary to implicate the clause.

p.21: “It’s possible that a key segment of voters in the U.S. 2016 electorate confused power and wealth with virtue and talent.” No sources. This sort of contempt for ordinary voters is what drives people to vote for Trump. Keep writing this way: You will get more Trump.

But truly the best part of this article, is its willingness to engage contrary authority.

Seth Barrett Tillman, Some Modern Academic Scholarship Posted on SSRN, New Reform Club (July 20, 2017, 12:42 PM), http://tinyurl.com/yd9f9ygx


Tom Van Dyke said...

Associate Professor of Law & Sustainability at Babson College

"Law & Sustainability." What planet are these people from?

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