Eve Levin  //  10/1/17  //  Topic Update

DOJ’s new, narrower definition of “emolument” is unconvincingargues Marty Lederman at Take Care.

Only appointed officials—not elected ones—are subject to the Emoluments Clause, argue Josh Blackman and Seth Barrett Tillman at Volokh Conspiracy, in Part I of a two-part Foreign Emoluments series.

  • In Part II, they argue that the practices of presidents during the early republic demonstrates an understanding that the president was not subject to the Foreign Emoluments Clause.
  • Jed Shugerman posted an apology to Seth Barrett Tillman and Josh Blackman for some of his statements concerning their use of historical sources in an emoluments brief. (ShugerBlog

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

A federal district judge in Maryland heard arguments in a case brought by several state attorneys general contending that President Trump's business interests violate the Emoluments Clause.

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

Michael Flynn's work on behalf of the Turkish government figures into Special Counsel Robert Mueller's investigation of the Trump campaign.

Jeffrey Stein

Columbia Law School

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

The DOJ reversed its prior concession that the Foreign Emoluments Clause applies to the President. Oral arguments in the first Emoluments Clause challenge lingered on whether the issue is a nonjusticiable political question.