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Articles 1 - 20 of 20
Full-Text Articles in Legal History
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette
Daniel R. Coquillette
The parallels between Francis Bacon’s career and that of Edward H. Cooper are obvious. Bacon was one of the great legal minds of his day and, unlike the common law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). My thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading, and is, in fact, the intellectual forebearer of the likes of Charles …
The Prisoners At Guantanamo, And The Rule Of Law, Daniel R. Coquillette
The Prisoners At Guantanamo, And The Rule Of Law, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette
The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette
Daniel R. Coquillette
This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance, …
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Daniel R. Coquillette
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
"The Purer Fountains": Bacon And Legal Education, Daniel R. Coquillette
"The Purer Fountains": Bacon And Legal Education, Daniel R. Coquillette
Daniel R. Coquillette
Today, the classical underpinnings of American legal education are under intense critical review. The dominant pedagogy, the case book and the Socratic method, were established by Christopher Columbus Langdell (1806-1906) at Harvard Law School more than a century ago. Together with Langdell's first year curriculum, which was exclusively focused on Anglo-American common law doctrine, and his emphasis on a competitive, anonymous graded meritocracy, this system still exercises an incredible grip on elite American law schools. But Langdell's 19th Century model has now been challenged by many rivals, including critical legal studies, law and economics empiricism, global curriculums, and clinical instruction. …
Professionalism: The Deep Theory, Daniel R. Coquillette
Professionalism: The Deep Theory, Daniel R. Coquillette
Daniel R. Coquillette
Can our personal ethics and our professional ethics be in opposition? Our professional identity as lawyers is at the center of our personal morality. The legal profession is in crisis because we have lost sight of the deep theory of professionalism. This article focuses on our ultimate motivation for obeying rules, concentrating on three common categories: goal-based, rights-based, and duty-based theories. By examining these theories, the article argues that lawyers must turn away from the modern trend of goal instrumentalism and refocus legal practice on its humanistic roots.
The Twentieth Century, Daniel R. Coquillette
The Twentieth Century, Daniel R. Coquillette
Daniel R. Coquillette
All self-respecting legal history is supposed to end by the twentieth century. As we approach our own lives, experience and training—and those events that we have actually witnessed—we allegedly lose that "objectivity" which makes the "science" of history itself possible. Certainly, there is no point in burdening the reader with the "original" materials, including cases and statutes, that make up the bulk of any legal education. But there are good reasons to reflect on our own legal century from an "historical perspective."
Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette
Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
The Legal History Of The Twentieth Century, Daniel R. Coquillette
The Legal History Of The Twentieth Century, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Safeguarding The Heritage, Daniel R. Coquillette
Safeguarding The Heritage, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette
First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette
Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette
Daniel R. Coquillette
Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.
The Role Of Local Rules, Daniel R. Coquillette, Mary P. Squiers, Stephen N. Subrin
The Role Of Local Rules, Daniel R. Coquillette, Mary P. Squiers, Stephen N. Subrin
Daniel R. Coquillette
No abstract provided.
Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette
Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette
Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette
Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Ideology And Incorporation Ii: Sir Thomas Ridley, Charles Molloy, And The Literary Battle For The Law Merchant, 1607-1676, Daniel R. Coquillette
Ideology And Incorporation Ii: Sir Thomas Ridley, Charles Molloy, And The Literary Battle For The Law Merchant, 1607-1676, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Legal Ideology And Incorporation I: The English Civilian Writers, 1523-1607, Daniel R. Coquillette
Legal Ideology And Incorporation I: The English Civilian Writers, 1523-1607, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette
Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette
Daniel R. Coquillette
Also appears in Land Use and Environment Law Review 12 (1981): 67-127, and in International Library of Essays in Law and Legal Theory: Environmental Law, edited by Michael C. Blum, 107-67. New York: New York University Press, 1992.
The Fetish Of Jury Trial In Civil Cases: A Comment On Rachal V. Hill, Daniel R. Coquillette, David L. Shapiro
The Fetish Of Jury Trial In Civil Cases: A Comment On Rachal V. Hill, Daniel R. Coquillette, David L. Shapiro
Daniel R. Coquillette
No abstract provided.