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Full-Text Articles in Law

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 Harvard Law School, Daniel Coquillette Sep 2015

The History Of Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

Keynote address to entering first-year Harvard Law students.


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.


The Racial History Of The Harvard Law School, Daniel Coquillette Feb 2015

The Racial History Of The Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball Dec 2014

On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball

Daniel R. Coquillette

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817.
During its first century, Harvard Law School pioneered revolutionary educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. …


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.


The Crisis In American Legal Education Today, Daniel Coquillette Oct 2014

The Crisis In American Legal Education Today, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Significance Of The History Of Legal Education In Today's Legal World, Daniel Coquillette Oct 2014

The Significance Of The History Of Legal Education In Today's Legal World, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Saga Of The Harvard Law School, Daniel Coquillette Sep 2014

The Saga Of The Harvard Law School, 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 his thinking …


An Historical View Of Harvard Law School And U.S. Legal Education, Daniel Coquillette Jul 2014

An Historical View Of Harvard Law School And U.S. Legal Education, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Political And Professional Context Of Rule Making, Daniel Coquillette Dec 2013

The Political And Professional Context Of Rule Making, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


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 Charles …


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.


Moore's Federal Practice (2013 Edition), Daniel Coquillette Dec 2012

Moore's Federal Practice (2013 Edition), Daniel Coquillette

Daniel R. Coquillette

Moore's Federal Practice is the backbone of any federal litigator's library. Comprehensive and authoritative, Moore's is written by the judges, lawyers, and professors who write and amend the Federal Rules, and is LexisNexis Matthew Bender's flagship treatise on federal civil, criminal, appellate, and admiralty procedure.

The first edition of this venerable work was written by the late Professor James William Moore, one of the original drafters of the Federal Rules of Civil Procedure, in 1938. From its initial publication, Moore's instantly became, and remains today, the standard reference work on federal court procedure and has been cited thousands of times …


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.


Teaching Legal Ethics, Daniel Coquillette May 2012

Teaching Legal Ethics, 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, …


Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly …


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 clinical instruction. …