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Articles 1 - 30 of 83

Full-Text Articles in Legal History

Graveyard Of Reputations: Writing Institutional History, Daniel R. Coquillette Mar 2016

Graveyard Of Reputations: Writing Institutional History, Daniel R. Coquillette

Daniel R. Coquillette

Keynote address on writing institutional history.


On The Battlefield Of Merit, Daniel Coquillette Oct 2015

On The Battlefield Of Merit, Daniel Coquillette

Daniel R. Coquillette

Lecture based on Professor Coquillette's extensive research on the history of Harvard Law School as well as on his book of the same title.


The History Of Legal Education In The 1930'S: The Formation Of Modern Legal Pedagogy, Daniel Coquillette Jul 2015

The History Of Legal Education In The 1930'S: The Formation Of Modern Legal Pedagogy, Daniel Coquillette

Daniel R. Coquillette

Lecture on the history of legal education and pedagogy.


Panelist, The Legacy Of James M. Landis, Daniel Coquillette Nov 2014

Panelist, The Legacy Of James M. Landis, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior, Volume 6, Correspondence And Published Political Writings, Daniel Coquillette, Neil Longley York Jul 2014

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior, Volume 6, Correspondence And Published Political Writings, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

Successful Boston lawyer, active member of the Sons of Liberty, and noted political essayist, Josiah Quincy Junior (1744–1775) left a lasting impression on those he met--for his passion in the courtroom as well as his orations in the Old South Meeting House, and for his determination to live fully, despite being afflicted with a disease that would cut his life short. Gathered in this, the sixth and final volume of the Quincy Papers, are Quincy’s surviving correspondence, his essays for the Boston press written between 1767 and 1774, and his 1774 pamphlet Observations, which was the culmination of ...


Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette Apr 2013

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 ...


American Legal Education: Where Did It Come From? Where Is It Going?, Daniel Coquillette Mar 2013

American Legal Education: Where Did It Come From? Where Is It Going?, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Prisoners At Guantanamo, And The Rule Of Law, Daniel R. Coquillette Jan 2013

The Prisoners At Guantanamo, And The Rule Of Law, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Presentation Of New Research On The First Black Graduates Of Harvard Law School, Daniel Coquillette Dec 2012

Presentation Of New Research On The First Black Graduates Of Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

Presentation on the results of new research conducted as part of the Harvard Law History Project. The Project has made a number of major new discoveries about the first black graduates of Harvard Law School, documenting four more men of extraordinary lives and achievement who studied at Harvard prior to 1910 (in addition to three already documented).


Current Controversies And The History Of Rulemaking, Daniel Coquillette Nov 2012

Current Controversies And The History Of Rulemaking, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The History Of American Legal Education And What It Means To You, Daniel Coquillette Sep 2012

The History Of American Legal Education And What It Means To You, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Reporter, Meeting Of The Standing Committee On Rules, Daniel Coquillette Jun 2012

Reporter, Meeting Of The Standing Committee On Rules, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Josiah Quincy Jr. And The Rule Of Law, Daniel Coquillette Jun 2012

Josiah Quincy Jr. And The Rule Of Law, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Francis Bacon And The History Of Rulemaking, Daniel Coquillette Mar 2012

Francis Bacon And The History Of Rulemaking, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Real Ethics For Real Lawyers, 2nd Ed., Daniel Coquillette Dec 2011

Real Ethics For Real Lawyers, 2nd Ed., Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Civility And Professionalism At The Massachusetts Bar: The Heritage And The Challenge Today, Daniel Coquillette Dec 2011

Civility And Professionalism At The Massachusetts Bar: The Heritage And The Challenge Today, Daniel Coquillette

Daniel R. Coquillette

Introductory section for course materials for the class titled "Practicing with Professionalism," which has been proposed to the Supreme Judicial Court of Massachusetts as a new requirement for newly-admitted attorneys.


The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette Oct 2011

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 Oct 2011

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 Oct 2011

"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 ...


Professionalism: The Deep Theory, Daniel R. Coquillette Oct 2011

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 Oct 2011

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."


The History Of African Americans At Harvard Law School, Daniel Coquillette Sep 2011

The History Of African Americans At Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Birth Of American Judicial Reporting And The Extraordinary 'Lost Patriot,' Josiah Quincy Junior, Daniel Coquillette Aug 2011

The Birth Of American Judicial Reporting And The Extraordinary 'Lost Patriot,' Josiah Quincy Junior, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Charles Sumner: Legacy Of A Radical, Daniel Coquillette May 2011

Charles Sumner: Legacy Of A Radical, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Boston Massacre And The Extraordinary Josiah Quincy Junior, Daniel Coquillette Apr 2011

The Boston Massacre And The Extraordinary Josiah Quincy Junior, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The History Of Harvard Law: The High Citadel, Daniel Coquillette Dec 2010

The History Of Harvard Law: The High Citadel, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Josiah Quincy: A Lost Hero Of The Revolution, Daniel Coquillette Oct 2010

Josiah Quincy: A Lost Hero Of The Revolution, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The History Of Cambridge And Harvard University, Daniel Coquillette Sep 2010

The History Of Cambridge And Harvard University, Daniel Coquillette

Daniel R. Coquillette

A short history of the city of Cambridge and its relationship with Harvard University.


Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Dec 2009

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Daniel R. Coquillette

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about ...


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.