Displace as well as to Appoint

 

Lev Menand, ‘Fact Checking Oral Argument in [Trump v.] Slaughter,’ Notice & Comment (Dec. 10, 2025), <https://www.yalejreg.com/nc/fact-checking-oral-argument-in-slaughter-by-lev-menand/> (“The English default rule—against which the Constitution was written—was a symmetry rule: offices without tenure cease when the appointing power makes a new appointment and therefore the power to appoint entails the power to remove. This is what Alexander Hamilton understood in the Federalist No. 77 ….” (first emphasis in the original, second emphasis added)).

The author's use of “entails” is interesting—almost as if it is non-controversial—almost as if no citation to authority is necessary. For Professor Menand, it is the only reading!

I think the OVERTON window on Federalist No. 77 is shifting.

I am encouraged.

Seth

Seth Barrett Tillman, ‘Displace as well as to Appoint,’ New Reform Club (Dec. 17, 2025, 15:54 PM), <https://reformclub.blogspot.com/2025/12/displace-as-well-as-to-appoint.html>;

A Legal Ethics Question: LAW OF THE CASE

Seth Barrett Tillman

DC Bar member

 

December 10, 2025

 

Ethics Query

ethics@dcbar.org

 

Dear Ethics Counsellor,

My understanding is then when a trial court decision has been reversed by a higher court, such as an intermediate court of appeals, a practitioner may only cite the trial (or lower) court decision in a brief or pleading (or other judicial submission) if the practitioner also reports that the trial court decision has been reversed. My question is whether this rule applies if the intermediate court of appeals has been itself reversed by a higher court, such as by a state supreme court or by the US Supreme Court?

For example, consider:

Anderson v. Griswold, Case No. 2023CV32577, 2023 WL 8006216 (Dist. Ct., City and County of Denver, Colo. Nov. 17, 2023) (Wallace, J.). This trial court decision was reversed by: Anderson v. Griswold, 543 P.3d 283 (Colo. Dec. 19, 2023) (per curiam). And the Colorado Supreme Court decision was itself reversed by the US Supreme Court in: Trump v. Anderson, 601 U.S. 101 (Mar. 4, 2024) (per curiam).

As a result of the US Supreme Court’s reversing the Colorado state supreme court, the state trial court decision was (or became again) the operative order in the case, and the state trial court opinion remains good, persuasive case law. Given that the trial court decision is still good law, when a practitioner cites this trial court decision is the practitioner required to indicate the subsequent reversal by either or both the Colorado Supreme Court or by the US Supreme Court?

I trust if you answer my query, I can show your answer to third parties.

Sincerely,

Seth

Seth Barrett Tillman, Associate Professor 

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DC Bar 

Good Afternoon, Seth,

As ethics counsel, I am authorized to provide informal guidance on questions that arise under the D.C. Rules of Professional Conduct (D.C. Rules) only, and I cannot give legal advice. You must exercise your independent professional judgment and you are responsible for your future conduct. Guidance does not constitute a safe harbor, and guidance from this office does not bind the Office of Disciplinary Counsel or any court.

The D.C. Rules do not directly address legal citation form.

D.C. Rules 3.3 (Candor to the Tribunal), 4.1 (Truthfulness in Statements to Others), and 8.4(c) (Misconduct) provide guidance on candor to the court and misrepresentations of law. Rule 3.3(a) prohibits a lawyer from making legal arguments based on a knowingly false representation of law, and Rules 4.1(a) and 8.4(c) prohibit a lawyer from making misrepresentations, which includes providing partially true but misleading statements or omissions that are the equivalent of affirmative false statements. Additionally, a lawyer must comply with court rules (Rule 3.4(a) and Rule 8.4(d)). Thus, to the extent citation form is dictated by court rules, a lawyer must comply, and failure to do so would violate the D.C. Rules.

As you note, if you are citing to or relying on a decision from a trial (or lower) court that was subsequently reversed by a higher court (at any level), failing to advise the court of the reversal is a misstatement/misrepresentation of law and therefore likely a violation of several of the D.C. Rules mentioned above. However, if a lower court decision was reversed on appeal, and then subsequently a higher court reversed the appellate court and agreed with the lower court, it would be ethical to argue the lower court’s holding which is, at that point, the law.

How to properly cite the lower court case conveying such a history is outside the scope of the D.C. Rules, and better left to the formatting rules of the tribunal (again to which the lawyer must comply), and/or blue book or equivalent.

Thank you,

[name]

Legal Ethics Counsel, Regulation Counsel

District of Columbia Bar

Seth Barrett Tillman, ‘A Legal Ethics Question: LAW OF THE CASE,’ New Reform Club (Dec. 15, 2025, 9:37 AM), <https://reformclub.blogspot.com/2025/12/a-legal-ethics-question-law-of-case.html> (bold follows the original);

My Primary Publications Unrelated to U.S. Law

 

SOME non-US, LAW-RELATED PUBLICATIONS:

Seth Barrett Tillman, The Emergence of Peace Between Japan and the United States: A Dialogue, 70(2) Universitatis Babeş-Bolyai Studia Europaea (forth. circa Jan. 2026) (peer review) (Romania-based journal) (manuscript 1–15) (not yet public);

Seth Barrett Tillman, Submission to the Irish Judicial Appointments Commission Regarding Judicial Candidates’ Requisite Knowledge, Skills and Attributes (Oct. 21, 2025), <https://ssrn.com/abstract=5635650> (also under review at a peer-review venue);

Appellant’s submission in Seth Barrett Tillman v Paddy Power, Dispute Number 0088373 (Independent Betting Adjudication Service [IBAS], filed 16 May 2023), <https://ssrn.com/abstract=4451905>;

Seth Barrett Tillman & Daniel Epstein-O’Dowd, The Irish Election 2024—Lessons Learned, 42(17) Irish Law Times 203–04 (Andrew McKeown ed., Nov. 2024) (actual publication date: Feb. 5, 2025), <https://ssrn.com/abstract=5077892>;

Seth Barrett Tillman, Viewpoint, All at sea: Why were former Chief Justice Frank Clarke and former High Court President Peter Kelly cajoled into resigning their judicial positions in the United Arab Emirates, when the ultimate beneficiaries would have been UAE litigants, 116(8) Gazette of the Law Society Ireland 22–23 (Oct. 7, 2022), <https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2022/october-2022-gazette.pdf>, <https://www.lawsociety.ie/gazette/in-depth/judicial-positions-and-uae>, <https://ssrn.com/abstract=4193901>;

Seth Barrett Tillman, Viewpoint, Access to Court Records and Oral Arguments, 115(1) Gazette of the Law Society Ireland 14–17 (Feb. 5, 2021), <https://ssrn.com/abstract=3740512>, <https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2021/jan-feb-2021-gazette.pdf>;

Seth Barrett Tillman, COVID-19: Can the Oireachtas Legislate During the Pandemic?, 38(7) Irish Law Times 94 (2020) (Terri McDonnell, ed.), <https://ssrn.com/abstract=3561117>, <https://reformclub.blogspot.com/2020/04/can-oireachtas-legislate-during-pandemic.html>, <https://tinyurl.com/y7u54woq>;

Seth Barrett Tillman, The Court of Appeal Backlog, 35(15) Irish Law Times 206–08 (2017), <http://ssrn.com/abstract=2996405>;

Seth Barrett Tillman, Has the [Irish] Court of Appeal Solved the Judicial Backlog? Can it?, 34(14) Irish Law Times 210–12 (2016), <http://ssrn.com/abstract=2816458>;

SOME non-law LITERARY PUBLICATIONS:

Seth Barrett Tillman, ‘Two Essays on Courage,’ TrashLight Press (forth. circa Jan. 20, 2026), <https://trashlightpress.com/> (not yet public);

Seth Barrett Tillman, ‘A Review of Liu Lianzi’s “Ruyi’s Royal Love in the Palace”,’ New English Review (Dec. 2025), <https://tinyurl.com/ycxmbyeu>, <https://tinyurl.com/56j4nrjs>;

Seth Barrett Tillman, ‘The Real Meaning of “F Troop”,’ New English Review (Dec. 2025), <https://tinyurl.com/ycxmbyeu>, <https://tinyurl.com/56j4nrjs>;

Seth Barrett Tillman, Fiction, ‘Purim & My Bangladeshi Friend,’ The Galway Review (Sept. 30, 2025) (online) (Ireland), <https://thegalwayreview.com/2025/09/30/seth-barrett-tillman-purim-my-bangladeshi-friend/>, 14 The Galway Review 9, forth. Apr. 2026 (in print), reprinting Gadfly Online: Culture that Matters (Feb. 11, 2013) (online) (United States), <http://www.gadflyonline.com/home/index.php/purim-my-bangladeshi-friend/>, <http://ssrn.com/abstract=2127592>; [Reviews: here and here];

Seth Barrett Tillman, ‘The Wartime Statesmanship of Éamon de Valera’ / ‘Advice for the Americans After Doolittle’s Raid—1942,’ 69(10) Quadrant 104, Oct. 2025 (in print) (Australia), Quadrant (Oct. 11, 2025) (online), <https://quadrant.org.au/magazine/story/the-wartime-statesmanship-of-eamon-de-valera/>, <https://ssrn.com/abstract=5527098>, <https://reformclub.blogspot.com/2025/09/the-wartime-statesmanship-of-eamon-de.html>;

Seth Barrett Tillman, ‘The Irish Flag War,’ The Galway Review (Sept. 7, 2025) (online) (Ireland), 14 The Galway Review 7, forth. Apr. 2026 (in print), <https://thegalwayreview.com/2025/09/07/seth-barrett-tillman-the-irish-flag-war/>, <https://ssrn.com/abstract=5513139>;

Seth Barrett Tillman, ‘What has Happened to Canada’s Greatest Poem?,’ The Dorchester Review (Aug. 20, 2025) (online) (Canada), 16(1) The Dorchester Review, forth. Apr. 2026 (in print), <https://tinyurl.com/4tsbe44s>, <https://ssrn.com/abstract=5390767>;

Seth Barrett Tillman, ‘A Dialogue on Migration,’ Eriugena Review (June 18, 2023) (online) (Ireland), <https://eriugenareview.com/home/f/a-dialogue-on-migration>, <http://ssrn.com/abstract=4474149>;

Seth Barrett Tillman, ‘Advice to the Allies—1945,’ 15(2) Claremont Review of Books 13, Spring 2015 (online and in print) (United States), <http://ssrn.com/abstract=2478600>, <https://claremontreviewofbooks.com/correspondence2/> (bottom of the page), <https://claremontreviewofbooks.com/author/seth-b-tillman/> (2015 article republished in Quadrant, along with a 2025 prequel);

SOME MAGAZINE ARTICLES, OPINION EDITORIALS, LETTERS, PODCASTS, ETC:

Daniel Epstein-O’Dowd & Seth Barrett Tillman, ‘An Insiders’ Club: The Path to the Irish Presidency,’ The Times of Israel (Dec. 11, 2025, 10:58 PM), <https://blogs.timesofisrael.com/an-insiders-club-the-path-to-the-irish-presidency/>, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5907724>;

Seth Barrett Tillman, ‘A U.K. Dialogue on Migration,’ News Letter (Oct. 6, 2025, 11:28 BST) (Belfast, N.I., U.K.), <https://www.newsletter.co.uk/your-world/a-uk-dialogue-on-migration-parody-2025-5347389>, <https://ssrn.com/abstract=5569822>;

Daniel Epstein-O’Dowd & Seth Barrett Tillman, ‘It is Long Past Time to Let British Drivers Turn Left on Red,’ News Letter (Oct. 1, 2025, 12:52 BST) (Belfast, N.I., U.K.), <https://www.newsletter.co.uk/your-world/it-is-long-past-time-to-let-british-drivers-turn-left-on-red-5341619>, <https://ssrn.com/abstract=5553038>, <https://www.msn.com/en-gb/cars/news/it-is-long-past-time-to-let-british-drivers-turn-left-on-red/ar-AA1NFfhU>;

Seth Barrett Tillman & Daniel Epstein-O’Dowd, ‘Giving NI voters a say in Irish President will impact on UK,’ News Letter, Sept. 23, 2025 (Belfast, N.I., U.K.) 15 (hard copy); ‘Shall Irish Citizens Residing in Northern Ireland Vote for the President of the Republic of Ireland?,’ News Letter (Sept. 17, 2025, 00:14 BST) (Belfast, N.I. U.K.) (online), <https://www.newsletter.co.uk/community/shall-irish-citizens-residing-in-northern-ireland-vote-for-the-president-of-the-republic-of-ireland-5325068>, <https://ssrn.com/abstract=5513300>;

Seth Barrett Tillman, Letter to the Editor, ‘We should recapture the flag for honourable use,’ Irish Mail on Sunday (Sept. 7, 2025), <https://www.pressreader.com/uk/the-irish-mail-on-sunday/20250907/textview>, <https://ssrn.com/abstract=5513218>, 2025 WLNR 22786086;

Seth Barrett Tillman, Letter to the Editor, ‘State-sponsored flags for all,’ Irish Examiner (Sept. 5, 2025, 1:00 AM) 8, <https://www.irishexaminer.com/opinion/yourview/arid-41699765.html>, <https://ssrn.com/abstract=5513238>;

Seth Barrett Tillman & Daniel Epstein-O’Dowd, ‘A Path Forward from the Dáil Speaking-Rights Controversy,’ Gript Media (Apr. 13, 2025) (Ireland), <https://gript.ie/a-path-forward-from-the-dail-speaking-rights-controversy/>, <https://ssrn.com/abstract=5219700>;

Seth Barrett Tillman, Letter to the Editor, ‘Elon Musk and Free Speech,’ Irish Times, Aug. 15, 2024, 11, 2024 WLNR 13791233, <https://www.irishtimes.com/opinion/letters/2024/08/15/elon-musk-and-free-speech/>;

Seth Barrett Tillman, Letter to the Editor, ‘Restricting flights closes the world,’ Irish Examiner (June 27, 2023, 2:00 AM), <https://www.irishexaminer.com/opinion/yourview/arid-41170720.html>, <https://ssrn.com/abstract=4486380> (responding to John Gibbons’ ‘Why we should ration the distance each person can fly every year’);

Seth Barrett Tillman and Andrew Hirsch, Guest Opinion, ‘More War or EU Expansion?,’ Copenhagen Post, Dec. 9, 2022 / Jan. 12, 2023, at 16 (print), Copenhagen Post Online (Dec. 20, 2022, 5:55 AM), <https://cphpost.dk/?p=141548>, <https://tinyurl.com/3n4ey3ek>, <https://ssrn.com/abstract=4296945> (English language newspaper in Denmark);

Seth Barrett Tillman, ‘East Wall and the Plantations: Ireland and Its New Migrants,’ The American Spectator (Dec. 6, 2022, 10:48 PM), <https://spectator.org/ireland-new-migrants-east-wall/>, <https://spectator.org/author/seth-barrett-tillman/>, <https://ssrn.com/abstract=4296073>;

Seth Barrett Tillman, ‘To End Putin’s War, Offer Both Ukraine and Russia EU Membership,’ Newsweek (Oct. 25, 2022, 4:32 PM EDT), <https://www.newsweek.com/end-putins-war-offer-both-ukraine-russia-eu-membership-opinion-1754644>, <https://ssrn.com/abstract=4258072>;

Seth Barrett Tillman, Letter to the Editor, ‘Nuclear power and war: National independence at risk,’ Irish Times (Oct. 10, 2022, 2:45 AM), <https://irishtimes.com/opinion/letters/2022/10/10/nuclear-power-and-war/>, <https://ssrn.com/abstract=4312091>;

Seth Barrett Tillman, Letter to the Editor, ‘Ireland’s Voice in Europe,’ Irish Times, Sept. 22, 2021, page 11, <https://www.irishtimes.com/opinion/letters/ireland-s-voice-in-europe-1.4679986>;

Seth Barrett Tillman, Opinion Editorial, Court of public opinion offers Séamus Woulfe no justice, Sunday Times (Irish edn & UK edn), Nov. 15, 2020, 12:01 AM GMT, News Section, page 14, <https://tinyurl.com/y69zfkso>, <http://ssrn.com/abstract=3729356>;

Seth Barrett Tillman, Letter to the Editor, ‘Young FG “just shup up and listen”?’ Irish Times, Aug. 23, 2019, page 17, <https://www.irishtimes.com/opinion/letters/young-fg-just-shup-up-and-listen-1.3994212>;

Seth Barrett Tillman, Letter to the Editor, ‘Britain hasn’t got much out of the special relationship for a long time,’ The Guardian, July 11, 2019, 18:22 GMT, <https://tinyurl.com/yyzkhhc4>;

Seth Barrett Tillman, Letter to the Editor, Responding to: ‘White America’s cruelty playbook,’ Irish Times, May 15, 2019, at 13, <https://www.irishtimes.com/opinion/letters/white-america-s-cruelty-playbook-1.3892144>;

Seth Barrett Tillman, Opinion Editorial, ‘Court of Appeal: The new court has failed to meet expectations,’ Journal.ie (July 26, 2018, 7:01 AM), <http://jrnl.ie/4144580>, <http://ssrn.com/abstract=3216200>;

Seth Barrett Tillman, Opinion Editorial (Thunderer), ‘Court of Appeal failure should fuel reform of judiciary,’ The Times (Irish edn & UK edn), July 26, 2018, 12:01 AM, <https://tinyurl.com/yb2qb8dc>, <https://ssrn.com/abstract=3370810>;

Seth Barrett Tillman, Letter to the Editor, ‘Court Backlog,’ Irish Times, July 23, 2018, 12:02 AM, at 13, <https://www.irishtimes.com/opinion/letters/court-backlog-1.3572788>;

Seth Barrett Tillman, Letter to the Editor, ‘Eighth Debate,’ The Times (Irish edn), May 15, 2018, at 16, <https://tinyurl.com/y88l9ok9>, <https://reformclub.blogspot.com/2018/05/letter-to-editor-response-ann-marie.html>;

Seth Barrett Tillman, Letters & Editorial Comment, ‘After Paris, questions for us all,’ Irish Independent, Nov. 26, 2015, 2:30 AM, at page 37, <http://www.independent.ie/opinion/letters/after-paris-questions-for-us-all-34235618.html>;

Seth Barrett Tillman, Opinion Editorial, ‘Court of Appeal just a new version of Supreme Court—only more costly,’ Irish Times (July 28, 2014, 1:30 AM), Business & Innovation at 7, <http://ssrn.com/abstract=2465554>, <http://www.irishtimes.com/news/crime-and-law/court-of-appeal-just-a-new-version-of-supreme-court-only-more-costly-1.1874746>, 2014 WLNR 20562005;

Seth Barrett Tillman, Opinion Editorial, ‘Time to Open Courts and Let Justice Be Seen,’ Irish Independent, August 22, 2012, 17:00 PM, at A14, <https://www.independent.ie/opinion/analysis/seth-barrett-tillman-time-to-open-up-courts-and-let-justice-be-seen/26889857.html> (available on Nexis), <https://ssrn.com/abstract=2129771>;

Niall Boylan, ‘Counting Chaos: Is Ireland’s Voting System Broken? With Seth Barrett Tillman’, The Niall Boylan Podcast (Jan. 29, 2025), <https://irepod.com/podcast/the-niall-boylan-show-1/counting-chaos-is-ireland-s-voting-system-broken-w>, <https://niallboylan.com/podcast/counting-chaos-is-irelands-voting-system-broken-with-seth-barrett-tillman>, <https://podcasts.apple.com/ie/podcast/counting-chaos-is-irelands-voting-system-broken-with/id1545083123?i=1000686892958>, <https://open.spotify.com/episode/3fC5lSLMB0mhxLkQOWY4nr> (interviewing Tillman on the Irish Constitution’s prioritizing population over voters in organizing constituencies to elect TDs);

Nigel Farage on Leading Britain’s Conversation (@LBC), Oct. 24, 2017, <http://www.lbc.co.uk/radio/presenters/nigel-farage/the-nigel-farage-show-watch-it-here-24-oct/> (at 25:28ff);

--------------

Seth Barrett Tillman, ‘My Primary Publications Unrelated to U.S. Law,’ New Reform Club (Dec. 14, 2025, 5:01 AM), <https://reformclub.blogspot.com/2025/12/my-primary-publications-unrelated-to-us.html>; 

Did Gary Neville Have A Point?

 

On the holiest day of the Jewish calendar, on Yom Kippur, Jihad al-Shamie—a Syrian immigrant turned British citizen in his teens—allegedly launched a heinous terrorist attack against the Heaton Park Hebrew Congregation in Manchester. His actions—directly and indirectly—would claim the lives of two congregants (Adrian Daulby 53, and Melvin Cravitz 66) and seriously injured others. As is to be expected, this attack was met with the usual bland statements of solidarity, condolence, and condemnation, and the necessary calls to action. All this follows the same typical Je suis Charlie Hebdo pattern, and all totally useless.

However, one particular statement did not conform and invited swift criticism. It was a cri de coeur, posted as a LinkedIn video, by Gary Neville—a former Manchester United footballer, a current media pundit, and, perhaps, a future British Labour politician in the making. In his video giving his thoughts on the attack, Neville had this to say about Slow Horses the Heaton Park Hebrew Congregation attack:

When I was driving to Salford City last night, going down Littleton Road, I seen probably 50 or 60 Union Jack flags. And on the way back I went down the parallel road, Bury New Road, which has got the Jewish community right at its heart and they’re out on the streets, defiant, not hiding or in fear.

     I just kept thinking as I was driving home last night that we’re all being turned on each other. And the division that’s being created is absolutely disgusting. Mainly created by angry, middle-aged white men, who know exactly what they’re doing.

Later on in the video, he continued:

I have been building in this city for 15 to 20 years, and nobody has put a flag up. So why do you need to put one up now? Quite clearly it’s sending a message to everybody that there’s something you do not like. The Union Jack flag’s being used in a negative fashion is not right.

Finally, he stated:

We need to check ourselves . . . because we are being pulled right and left. Brexit has had a devastating impact on this country and the messaging is getting dangerous, extremely dangerous—all these idiots that are out there spreading hate speech or abuse in any form. We must stop promoting them.

Unsurprisingly, this video explaining his thoughts, which managed to draw a link between a terrorist attack and “angry, middle-aged white men,” and between the Union Jack and Brexit, was roundly condemned. Putting aside the partisan and tone-deaf nature of Neville’s comments, one has to ask: Did Gary Neville have a point?

The central thrust of Neville’s screed is that speech which takes pride in one’s cultural identity and national narrative is a threat to public safety. How so? Some migrants, their children, and recently naturalized citizens will feel threatened by such expressive speech and conduct. In other words, speech begets violence, or, to put it more strongly: speech by natives invites violence by non-natives. The natural corollary of this is that abandoning the symbols of national pride and identity will deprive would-be terrorists and other criminals of a key motive for launching future attacks against the natives.

Indeed, Neville’s conception of how the world works goes further; he posits a clear nexus between a specific criminal/terrorist attack and common expressions of national pride, some of which had underpinned the Brexit referendum vote and operation Raise the Colours—Raise the Union Jack. One cannot help but wonder, were the forces, institutions, and people so offended and opposed to traditional expressions of national pride consulted by Neville on this matter, and was this their proffered solution? Or, are these merely the anticipated terms of cultural surrender—suggested by Neville—authored personally by him as the only means to usher in the future multicultural utopia by pacific means. In short, for Neville and his supporters, peace—at home—is worth any price, including giving up some (of your, and not his) expressive free speech rights.

Whatever the evidence supporting Neville’s beliefs is, assuming it exists at all, such evidence does not make a case that any moral and courageous people should countenance. The politics of diminishing national pride, oikophobia, and removing symbols of national identity from public spaces has been tried and tested before, not just here but world-wide, and always to no avail. To quote Churchill, “[a] love for tradition has never weakened a nation, indeed it has strengthened nations in their hour of peril.” At a time when the British nation is, at best, unsettled, it is only natural that its people turn to their traditions and sense of identity for reassurance and inspiration.

Nevertheless, there are many in positions of power and influence who share Mr Neville’s beliefs. This is the same thinking which sees national borders as unnecessary barriers, and who regard integration as, at best, only slightly preferable to separate-but-equal multicultural spaces with communities living in de facto cultural, linguistic, and, in the not-so-distant future, legal ghettos. Indeed, for Neville and those who share his world view, it is those who bitterly cling to their identity and who oppose the unstoppable march of demographic change, who are the source of current unrest. That is the reason, in the mind of Gary Neville, that the intransigent natives are to be blamed for the wrongs of Jihad al-Shamie.

Personal self-abnegation, as well as societal-wide cultural surrender, is not a long-term strategy. It is not even a short-term one. A thoughtful man once said that “you cannot eat a flag.” And that is true, but it is just as true that you cannot overcome all violence and hatred with submission. It is now merely a question of remembering that second truth before it is too late.

Daniel Epstein-O’Dowd, Government Relations Consultant, former Political Advisor within the Irish Parliament

Seth Barrett Tillman, a U.S. citizen, and Associate Professor, Maynooth University School of Law and Criminology, Ireland / Scoil an Dlí agus na Coireolaíochta Ollscoil Mhá Nuad

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Daniel Epstein-O’Dowd, & Seth Barrett Tillman, ‘Did Gary Neville Have A Point?,’ New Reform Club (Dec. 11, 2025, 15:27 PM), <https://reformclub.blogspot.com/2025/12/did-gary-neville-have-point.html>;

I Get the Best Rejection Letters

Seth,

Thank you so much for sending us -----------------------------. This was a delight to read—sharp, cheeky, and wonderfully satirical. The humor lands cleanly, and the worldbuilding-through-bureaucracy is pitch-perfect. It’s a concept piece with real bite.

As much as we enjoyed it, ------------------ tends to lean more toward character-driven stories—pieces anchored in interiority, emotional pressure, or rupture. This piece works beautifully as satire, but it sits outside the range of what we typically publish.

We genuinely wish you the best of luck placing it. It deserves a good home, and we hope it finds one soon.

Best,

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Seth Barrett Tillman, ‘I Get the Best Rejection Letters,’ New Reform Club (Dec. 10, 2025, 4:31 PM), <https://reformclub.blogspot.com/2025/12/i-get-best-rejection-letters.html>;

Tom Van Dyke – Co-Blogger, Friend, and Mentor

Tom Van Dyke – Co-Blogger, Friend, and Mentor

I just found out from mutual friends that Tom Van Dyke passed away last November. We never met in person, and we only had occasion to talk by telephone a few times. Our friendship was such that we communicated over New Reform Club and by a good many e-mail contacts.

Tom was a patriot. He was also my friend, and a source of encouragement. He encouraged me to write and to blog, and in particular, to do so, at New Reform Club. I have done that, and I hope to continue to do so. In some ways, Tom was a mentor. I will miss him—I am sure others will too.

Seth

Seth Barrett Tillman, ‘Tom Van Dyke – Co-Blogger, Friend, and Mentor,’ New Reform Club (Dec. 10, 2025, 6:39 AM), <https://reformclub.blogspot.com/2025/12/tom-van-dyke-co-blogger-friend-and.html>;

Some 2025 and 2026 Productivity

 

 

2025 is not entirely over. Still: what follows is a list of 2025 and 2026 (that is, accepted papers, etc) productivity in-hand.

1 appellate amicus brief (New York state appellate court)

1 declaration as an expert in a trial court proceeding (Maine federal district court)

1 submission to a commission (Ireland)

1 traditional peer-reviewed article (Romania)

(accepted in 2025, to be published in 2026) (the current link is to the journal, not the article)*

1 article in a legal professional journal (published in February 2025) (Ireland)

2 articles in print journals (here and here—both US)

1 article in an online journal (US)

1 electronic article in an online news, law, and politics portal (Ireland)

9 treatise entries published (US)

2 treatise entries updated (US)

3 full-length interviews where I was profiled (here, here, and here—all US)

Many interviews where I was a source for television, radio, newspapers, podcasts, etc.

    invitation to appear on an Irish podcast during the remainder of 2025 or during 2026.*

2 reviews in a literary review (US)

3 articles in literary reviews (Australia (here), Canada (here), and Ireland (here))

1 article accepted at a literary review (here, US, forthcoming Jan. 20, 2026)*

4 newspaper publications: opinion editorials, etc. (here—Israel;* here, here, here—UK)

2 letters to the editor (here and here—both Ireland)

1 faculty colloquium presentation (Maynooth, Ireland). 

This presentation is also under review for 2026 conferences scheduled in Ireland and the UK.

1 audio recording (recorded during 2025, to be published in 2026) (US) 

1 submission under review at a peer-review venue (Ireland)

1 working paper under review (at magazines, newspapers, and similar venues)

2 applications for fellowships for 2026-2027 (both US)

Countries listed above include: Australia, Canada, Ireland, Israel, Romania, UK, and US.

More than a few of the publications above were co-authored. E.g., Josh Blackman (e.g., here), Daniel Adam O’Dowd (e.g., here), Robert Ray (amicus brief), and J. Andrew Salemme (amicus brief).

Citations: 

282 citations for 2025: 

including citations from: three federal appellate judges—Katsas/DC Circuit, Oldham/5th Circuit, and Stras/8th Circuit, and one Delaware Court of Chancery Vice Chancellor/Laster); 

including 10 foreign (that is, non-US) citations from: Canada (2), Indonesia, Ireland, Italy (2), Japan, Philippines, Switzerland, and the United Arab Emirates); 

and,

including 2 US Supreme Court letter briefs (both on this docket: Amicus brief (here) and Respondent’s brief (here)).

19 citations for 2026 (but accrued during 2025) (all US).

A 2025 Response to my publications—the response is now a working paper.* [In total, my publications have now generated some 35 responses (including one article using only about half its pages to respond to me) by over 35 authors.]

Changes of Mind Absent Formal Retractions:

2025: The Test for Determining “Officer” Status Under the Appointments Clause, 49 Opinion Office of Legal Counsel (Christopher C. Fonzone, Assistant Attorney General), slip opinion at 2 n.1 (Jan. 16, 2025) (“[W]e note that, although the Constitution makes several references to the term ‘office’ or ‘officer’ outside the Appointments Clause, this memorandum does not address whether or to what extent any such references should be read consistent with the term ‘Officer[] of the United States’ in the Appointments Clause.”), <https://www.justice.gov/olc/opinion/test-determining-officer-status-under-appointments-clause>. (Fonzone was a Biden appointee.)

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Seth Barrett Tillman, ‘Some 2025 and 2026 Productivity,’ New Reform Club (Dec. 8, 2025, 4:32 AM), <https://reformclub.blogspot.com/2025/12/some-2025-and-2026-productivity.html>;

Extract from a Recent Application

 

Publication Record. I have published widely and regularly throughout my academic career.

I have over 65 articles in peer-reviewed journals, (legal) professional journals, student-edited print journals, and student-edited online journals. (Here too, I am in the process of co-drafting another such article.) Some of my articles have appeared in exclusive journals. E.g., American Journal of Legal History (2021 & 2010) (peer review), Harvard Journal of Law and Public Policy (2017 & 2010), Northwestern University Law Review (2012, and an online reply on Colloquy), Texas Law Review (2005 & 2005—an opening article and a reply), and University of Pennsylvania Journal of Constitutional Law (2019).

I have submitted over 40 amicus briefs, motions, and declarations. My amicus filings have been filed in state and federal, trial and appellate, courts, including the United States Supreme Court, as well as an appellate brief before the [UK] Independent Betting Adjudication Service. Additionally, I have authored or co-authored eleven treatise entries. I have co-authored two book chapters.

I frequently write articles on news, politics, and law (for the layperson) for print journals and online magazines, and policy-makers’ venues. E.g., American Spectator (2024 & 2022, and a letter), The Atlantic, Copenhagen Post, Jurist (2024, 2020, 2012), Just Security, Lawfare (2023, 2022, 2020, 2019, 2019, 2018), and Newsweek. My opinion editorials have appeared in domestic newspapers, e.g., New York Times (2022 & 2017), Wall Street Journal, and foreign newspapers, e.g., Belfast News Letter (UK) (2025 & 2025), Irish Independent (and a letter), Irish Times (and six letters), The Times (and a letter) (Irish edn & UK edn), and Sunday Times (Irish edn & UK edn). Likewise, my many letters have appeared in domestic and foreign newspapers of record and other venues, and my letters are cited in other publications.[1] I also blog a good deal—on Balkinization, New Reform Club, Originalism Blog, and Volokh Conspiracy, and my blog posts are discussed and cited.[2] I have published fiction and nonfiction in literary reviews and magazines focused on wider cultural issues. E.g., Claremont Review of Books (and a letter), Dorchester Review (Canada), Eriugena Review (Ireland), Gadfly: Culture That Matters (US), Galway Review (Ireland), New English Review (US), and Quadrant (Australia). Currently, I have several other articles and opinion pieces under review at journals, literary venues, newspapers, etc.

In short, on average, I have published three academic and professional articles per year (that is, since my first academic publication), with additional output in the form of amicus briefs, treatise entries, book chapters, magazine articles, opinion editorials, letters, blogging, and contributions to literary reviews. I have managed to publish at this rate not withstanding that I regularly teach over 300 students, and on some occasions over 400 students, each and every academic semester—without the benefit of teaching assistants, graduate students, and other similar supports.

I speak at academic conferences, and I give guest lectures. I am frequently interviewed by and appear on Irish and US podcasts, radio, and television,[3] as well as in print and on line in Irish,[4] UK,[5] and US[6] news magazines, newspapers, and other similar venues, including undergraduate venues.[7] Usually, I speak to the news and legal news of the day, but sometimes, the interviews are more personal profiles, and I am asked to discuss my own background and publications. See, e.g., Yitzchok Frankfurter, Going Mainstream, 720 Ami Magazine 180–203 (May 28, 2025); Armin Rosen, The Outsider Legal Genius, Tablet Magazine (Mar. 22, 2024).  

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[1] See, e.g., Dragoș Șamșudean, Conspiracy Theories and Faith in Romania: What the Orthodox Bloggers Say?, 68(2) Universitatis Babeş-Bolyai Studia Europaea 175, 184 n.55 (2023) (Romania-based journal) (peer review) (citing Tillman’s 2014 letter to the editor in History Today); Kim Pieters, Attitudes ten opzichte van welzijnsaspecten bij slachten / Attitudes Towards Aspects of Well-Being at Slaughter 32, 84 (Bachelor’s thesis in biotechnology, Odisee University of Applied Sciences, Belgium, 2016) (Flemish-language thesis) (citing Tillman’s 2015 letter to the United Kingdom Independence Party (UKIP) on non-stun slaughter).

[2] Compare, e.g., Seth Barrett Tillman, The Two Discourses: How Non-Originalists Popularize Originalism and What that Means, New Reform Club (Mar. 28, 2016, 9:22 AM), with Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation 270, 304 n.59, 352 n.34 (Yale University Press 2024) (citing Tillman’s The Two Discourses), and Michael Ramsey, Seth Barrett Tillman on Originalism, Nonoriginalism and Senate Confirmation, Originalism Blog (Mar. 29, 2016, 6:16 AM) (“The whole [Tillman] post [on New Reform Club] is just brutally awesome . . . .”).

[3] See, e.g., Sharon Ní Bheoláin and Bryan Dobson, Segment, Trump Fires Sally Yates, RTÉ News: Six One (Jan. 31, 2017, 6:00 PM) (Irish state-television interview) (at 25:15–30:55).

[4] See, e.g., Seth Barrett Tillman & Daniel Epstein-O’Dowd, A Path Forward from the Dáil Speaking-Rights Controversy, Gript Media (Ireland) (Apr. 13, 2025).

[5] See, e.g., Laura Roddy, Donald Trump has friend in court as Maynooth professor disputes case, Sunday Times (UK) (Mar. 24, 2024, 12:00 AM).

[6] Seth Barrett Tillman, On Geoffrey Stone, National Review Online: The Corner (Aug. 30, 2013, 1:36 PM).

[7] See, e.g., Maclain Conlin, Due Process and New York v. Trump: A Conversation with Professor Seth Barrett Tillman, Clemson Law Review Interview (Oct. 29, 2025); cf., .e.g., Seth Barrett Tillman, Letter to the Editor, “Occupy the Syllabus” fails to note complexity of adding diversity to syllabi, The Daily Californian, Feb. 10, 2015, at 5 (Berkeley student newspaper). 

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Seth Barrett Tillman, ‘Extract from a Recent Application,’ New Reform Club (Dec. 5, 2025, 5:56 AM), <https://reformclub.blogspot.com/2025/12/extract-from-recent-application.html>;