Andy Grewal (University of Iowa – College of Law) has posted The Purposes of the Foreign Emoluments Clause (South Texas Law Review, Vol. 59, 2018 (24th Annual Ethics Symposium)) on SSRN. Here is the abstract:
My previous law review article, "The Foreign Emoluments Clause and the Chief Executive," extensively examined the meaning of emolument and showed that the term reaches only compensation paid for the performance of services personally performed. In reaching its conclusions, the Article adopted a decidedly textual approach. It left discussions under other interpretive approaches for later.
This Article, prepared for the South Texas College of Law Houston’s 24th Annual Ethics Symposium, examines some of the purposivist arguments that have been made over the Foreign Emoluments Clause. It argues that commentators have overstated the extent to which legal materials support a purposivist theory of the Foreign Emoluments Clause, and it rejects a form of that theory put forward by some scholars.