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I can’t find that brief or the stories anymore.

The lawyer was Sarah Herlihy. The law firm was Kirkland and Ellis. The article in the Chicago Kent Law Review in 2006 was “AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE”

Mitchell Langbert has a blog in Dec 2008 revealing that Kendall Partner Bruce Ettelson was on the finance committees of both Obama and Dicky Durban, Obama presented awards to Kirkland Partner Jack Levin, and Kirkland partner Christopher Landau was on the McCain Justice Advisory Committee, defending McCain given his consitutional ineligbility. Sarah Herlihy was a new junior partner and worked for Landau. It appears that the planning to have McCain's ineligibility shield Obama’s, making a challenge of Obama tantamount to a challenge of McCain, since his ineligibility was no secret to the left or to the legal establishment, was well underway in 2005 when the Herlihy paper was written.

The Herlihy paper was scrubbed from Kirkland & Ellis, where I found it, and from the Kent Law Review archives, but was recently available at Scribd.com (they are a fearless and valuable resource, unlike google, which supports free speech only when their managers agree with the issue).

Herlihy’s paper is a hodgepodge which is only concerned with jus soli eligibility, probably because that is where McCain's problems was - neither Coco Bolo or Colon were sovereign U.S. territory. She is careful, like Larry Tribe and virtually all the progressives who wrote review articles and essays, perhaps inspired by heading off McCain until they had a use for him, to avoid John Marshall, John Jay, Morrison Waite, Vattel, Washington, Hamilton, Wilson, Story, and the other framers and founders, along with 14th Amendment John Binghim, he confirmed the U.S. Common Law, born on the soil of citizen parents, written by Vattel and cited a dozen or more times.

Her thesis is essentially that jus soli, born on our soil, prevents such patriots as Henry Kissinger, Madeline Albright, and Brzezinski. She claims that denying the foreign born is probably based upon unadmitted racist tendencies. We need to open of the presidency as the U.S. become more a player in the globalist world.