After hardcopy publication of Professor Victoria Nourse’s article in California Law Review (“CLR”), and in response to my critique, the student editors at CLR removed these quotation marks from extant electronic reproductions of Nourse’s article. Nonetheless, the student editors refused to publish any response by me in CLR or in CLR Online. Furthermore, I have received no assurances that an errata sheet will be published in any subsequent issue of CLR. Finally, I have no idea if these post-publication changes to Professor Nourse’s article were made with her approval, and I have received not one word of explanation from Professor Nourse in regard to all these strange goings-on.
Seth Barrett Tillman, What Is Going On At Student Law Reviews, New Reform Club (June 11, 2018, 5:57 AM), https://reformclub.blogspot.com/2018/06/what-is-going-on-at-student-law-reviews.html.
The passage above will appear in my next publication: Seth Barrett Tillman, The Foreign Emoluments Clause—Where the Bodies are Buried: “Idiosyncratic” Legal Positions, 59 S. Tex. L. Rev. 237 (forth. circa July 2018) (invited symposium contribution), https://ssrn.com/abstract=3096986.
The passage is speaking to a recent publication by Professor Victoria Nourse. See Victoria Nourse, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power, 106 Calif. L. Rev. 1 (2018), http://www.californialawreview.org/wp-content/uploads/2018/04/1Nourse-33.pdf.