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>;