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John H. Langbein, Sterling Professor Emeritus of Law and Acknowledged History at Yale Law School, is a arch ascendancy on fiduciary law and a acclaimed bookish of acknowledged history. He teaches and writes in four fields: probate and assurance law, alimony and agent annual law (ERISA); Anglo-American and European acknowledged history; and avant-garde allusive law. 

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Before affective to Yale in 1989, Langbein was the Max Pam Professor of American and Foreign Law at the University of Chicago. In the 1997-98 bookish year he served as the Goodhart Professor of Acknowledged Science at Cambridge University. From 1990 to 2001 he was Chancellor Kent Professor of Law and Acknowledged History at Yale. He has additionally captivated bookish accessories at Stanford University, Oxford University, New York University, and the Max Planck Institutes in Frankfurt and Freiberg, Germany. He is an honorary adolescent of Trinity Hall, Cambridge.

Law ameliorate work. Langbein has served continuously as a Uniform Law Commissioner beneath gubernatorial accessories from Illinois and Connecticut back 1984. He was the anchorman and arch drafter for the Uniform Prudent Investor Act (1994), which governs fiduciary advance in best American states. He has served on drafting committees for abundant acts in the fiduciary fields, including the Uniform Probate Code (1989-90 revisions), the Uniform Arch & Income Act (1997), the Uniform Assurance Code (2000), and the Uniform Prudent Management of Institutional Funds Act (2006). For the American Law Institute, Langbein served as accessory anchorman for the Restatement of Property (Third): Wills and Donative Transfers (3 vols. 1999-2011); and as an adviser for the Restatement (Third) of Trusts (1987-2012).

Investment, trust, pension, and probate law. Langbein has accounting abundantly in the arch law reviews about investment, trust, pension, and probate law. The movements to arrange the constructional law of probate and nonprobate transfers, and to alibi controllable errors in the beheading and agreeable of wills, now codification in the Uniform Probate Code and in the Restatement (Third) of Property, trace to his scholarship: 18 Probate & Property (Jan. 2004); 87 Columbia L. Rev. 1 (1987); 97 Harvard L. Rev. 1108 (1984); 130 U. Pa. L. Rev. 521 (1982) (with Waggoner); 88 Harvard L. Rev. 489 (1975).

Langbein’s assignment on assurance law has emphasized the access of avant-garde portfolio approach on fiduciary investing, the acknowledged ambit of trusteeship, the growing use of bartering trusts, the admeasurement and purpose of binding rules, and the alteration appearance of the assignment of loyalty: 114 Yale L.J. 929 (2005); 98 Northwestern U.L. Rev. 1109 (2004); 107 Yale L.J. 165 (1997); 81 Iowa L. Rev. 641 (1996); 105 Yale L.J. 625 (1995; 62 A.B.A.J. 887 (1976) (with Posner).

Following achievement of ERISA (1974), Langbein had a abstraction role on the development of alimony and agent annual law as a bookish field. He co-authors the arch coursebook acclimated in American law schools: Langbein, Pratt, Stabile & Stumpff, Alimony and Agent Annual Law (Foundation Press, 6th ed. 2015). His bookish assignment has focused on ERISA fiduciary and antidote law: 101 Northwestern U.L. Rev. (2007); 103 Columbia L. Rev. 1317 (2003); [1990] Supreme Court Rev. 207; 55 U. Chicago L. Rev. 1105 (1988) (with Fischel).

Langbein has served as a adviser and able attestant in alimony and assurance litigation, and he has appeared in a alternation of training videos for coffer assurance admiral on aspects of assurance and fiduciary practice. He has additionally testified in Congressional hearings on issues of action adverse the clandestine alimony system.

Legal history; civilian and bent justice. Langbein has accounting a alternation of accessories and books on the history of Anglo-American bent procedure, as able-bodied as books and accessories allegory avant-garde Anglo-American civilian and bent action with Continental practice. In 2009 he appear a textbook, History of the Common Law: The Development of Anglo-American Acknowledged Institutions with R. Lerner & B. Smith (Aspen 2009). Langbein’s book, The Origins of Antagonist Bent Balloon (Oxford U.P. 2003), which traces the history of the Anglo-American antagonist arrangement of bent justice, received the Coif Biennial Book Accolade (2006) as the outstanding American book on law for the aeon 2003-04. His book on the history of the law of torture, aboriginal appear in 1977, was republished with a new beginning in 2006: Torture and the Law of Proof: Europe and England in the Ancien Regime (Chicago U.P. 2006). In 2000 the American Society for Acknowledged History awarded him the Sutherland Prize for his “pioneering work.”  His actual annual of the dematerialization of civilian balloon in the United States appears in 122 Yale L.J. 522 (2012).

Comparative law.  Langbein’s assignment on allusive law has avant-garde the position that European-style nonadversarial amends is fairer, added accurate, and added economical than Anglo-American procedures: 15 Harvard J.L. & Pub. Pol. 119 (1992); 52 U. Chicago L. Rev. 823 (1985); 78 Michigan L. Rev. 204 (1979).

Memberships. Langbein’s memberships accommodate the American Academy of Arts and Sciences, the British Academy, the International Academy of Allusive Law, the International Association of Action Law, the American College of Assurance and Estate Counsel, and the International Academy of Estate and Assurance Law.  He is accepted to the bar in Florida and the District of Columbia, and as a advocate of the Inner Temple in England. 

Education. After commutual an undergraduate amount in economics at Columbia University in 1964, Langbein advised law and acknowledged history for seven years in England, Germany, and the United States. He accelerating magna cum laude from the Harvard Law School, area he was an accessories editor of the Harvard Law Review. He accustomed his amount in English law with aboriginal chic honours from Cambridge University (Trinity Hall). He becoming his Ph.D. from Cambridge in 1971. His Ph.D. apriorism won the Yorke Prize (1973); appear as Prosecuting Crime in the Renaissance: England, Germany, France (Harvard U.P. 1974), the book has been afresh cited in opinions of the U.S. Supreme Court.

History of the Common Law: The Development of Anglo-American Acknowledged Institutions (Aspen Publishers 2009) (with Renee L. Lerner & Bruce P. Smith).

 Pension and Agent Annual Law (with David Pratt & Susan Stabile) (5th ed., Foundation Press 2010) (prior eds., with Bruce Wolk, 2006, 2000, 1995; 1990).

History of the Yale Law School: The Tercentenary Lectures (with A. Kronman et al.) (Yale Univ. Press 2004)

 The Origins of Antagonist Bent Balloon (Oxford Univ. Press 2003, album 2005) (2006, awarded Biennial Coif Book Accolade for outstanding American book in law)

 Uniform Statutes on Trusts and Estates: 2009-10 Copy (with Lawrence Waggoner) (Foundation Press 2009) (previous editions, back 1987).

The Privilege Against Self-Incrimination: Its Origins and Development (with R.H. Helmholz et al.) (Univ. Chicago Press 1997) 

 

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Comparative Bent Procedure: Germany (West Pub. Co., American Casebook Alternation 1977)

 

 

 Torture and the Law of Proof: Europe and England in the Ancient Regime (Univ. Chicago Press 1977; paperback edition with new introduction, 2006) (Univ. Chicago Press 1977; paperback edition with new introduction, 2006)

 

 

Prosecuting Crime in the Renaissance: England, Germany, France (Harvard Univ. Press 1974, album copy 2005); excerpted in allotment and appear in adaptation as “Die Carolina” in F.C. Schroeder, ed., Die Carolina: Die Peinliche Gerichtsordnung Kaiser Karls V. von 1532 (Wissenschaftliche Buchgesellschaft, Darmstadt 1986)

Pension and Advance Law

Trust Law as Regulatory Law: The Unum/Provident Scandal and Judicial Analysis of Annual Denials beneath ERISA, 101 Northwestern Univ. Law Analysis 1315 (2007)

“Social Security and the Clandestine Alimony System,” in In Search of Retirement Security: The Alteration Mix of Social Insurance, Agent Benefits, and Individual Responsibility (T. Ghilarducci et al. eds.) (National Academy of Social Insurance 2005)

“What’s Wrong with Agent Stock Alimony Plans,” in Enron and Other Corporate Fiascos: The Corporate Scandal Reader 487 (Nancy B. Rapoport and Bala G. Dharan eds. 2d ed. 2009) (reproducing affidavit presented to U.S. Senate Committee on Governmental Affairs, Jan. 24, 2002)

What ERISA Means by “Equitable”: The Supreme Court’s Trail of Error in Russell, Mertens, and Great-West, 103 Columbia Law Analysis 1317 (2003)

Trust-Investment Law in the United States: Main Themes of the Uniform Prudent Investor Act, Shintaku No. 189 (Feb. 1997) (in Japanese)

The Uniform Prudent Investor Act and the Future of Assurance Investing, 81 Iowa Law Analysis 641 (1996); republished in Avant-garde International Developments in Assurance Law (D. Hayton, ed.) (1999)

The New American Trust-Investment Law, 8 Assurance Law International 123 (1994)

Reversing the Nondelegation Rule of Trust-Investment Law, 59 Missouri Law Analysis 104 (1994) (William Fratcher canonizing issue)

The Supreme Court Flunks Trusts, [1990] Supreme Court Analysis 207 (1991)

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The Conundrum of Fiduciary Advance beneath ERISA, in Proxy Voting of Alimony Plan Equity Securities 128 (D. McGill, ed.) (Wharton School: Alimony Research Council 1989)

ERISA’s Fundamental Contradiction: The Exclusive Annual Rule (with Daniel R. Fischel), 55 Univ. Chicago Law Analysis 1105 (1988)

Social Advance of Alimony Funds and University Endowments: Unprincipled, Futile, and Illegal, in Disinvestment: Is it Legal, Is it Moral? Is it Productive? (National Acknowledged Center for the Public Interest, 1985) 

Social Advance and the Law of Trusts (with Richard Posner), 79 Michigan Law Analysis 72 (1980) 

Market Funds and Trust-Investment Law II (with Richard Posner), 1977 American Bar Foundation Research Journal l 

The Revolution in Assurance Advance Law (with Richard Posner), 62 American Bar Association Journal 887 (1976) 

Market Funds and Trust-Investment Law (with Richard Posner), 1976 American Bar Foundation Research Journal 1

Trust and Estate Law

Major Reforms of the Property Restatement and the Uniform Probate Code: Reformation, Controllable Error, and Nonprobate Transfers, 38 ACTEC L. J. 1 (2012).

Burn the Rembrandt? Assurance Law’s Limits on the Settlor’s Power to Direct Investment, 90 Boston University L. Rev. 375 (2010)

Why Did Assurance Law Become Statute Law in the United States?, 58 Alabama Law Analysis 1069 (2007) (Meador Lecture 2006) 

Questioning the Trust-Law Assignment of Loyalty: Sole Interest or Best Interest? 114 Yale Law Journal 929 (2005) (2006 Green Bag award, best accounting above article)

The Rise of the Management Trust, 143 Trusts & Estates Magazine 52 (Oct. 2004), republished in 4 Trusts Trimestrale di Approfondimento Scientifico e Professionale 338 (2005) (Italy)

Mandatory Rules in the Law of Trusts, 98 Northwestern Univ. Law Analysis 1105 (2004) (Hess Canonizing Lecture of the Ass’n of the Bar of the City of New York, April 2002)

Curing Beheading Errors and Mistaken Terms in Wills: The Restatement of Wills Delivers New Tools (and New Duties) for Probate Lawyers, 18 Probate & Property 28 (Jan./Feb. 2004); essentially republished in 51 Yale Law Report 36 (Sum. 2004)

The Uniform Assurance Code: Codification of the Law of Trusts in the United States, 15 Assurance Law International 69 (2001)

The Secret Life of the Trust: The Assurance as an Instrument of Commerce, 107 Yale Law Journal 165 (1997); republished in Avant-garde International Developments in Assurance Law (D. Hayton, ed.) (1999)

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The Contractarian Basis of the Law of Trusts, 105 Yale Law Journal 625 (1995)

Will Contests, 103 Yale Law Journal 2039 (1994) (review)

Reforming the Law of Gratuitous Transfers: The New Uniform Probate Code (with Lawrence Waggoner), 55 Albany Law Analysis 871 (1992) (Uniform Probate Code appointment issue)

The Inheritance Revolution, The Public Interest 15-31 (Winter 1991)

Education and Family Wealth, 20 Planning for Higher Education 1 (1991)

Taking a Look at the Pluses and Minuses of the Practice, Trusts & Estates Magazine 10-18 (Dec. 1989)

The Twentieth-Century Revolution in Family Wealth Transmission, 86 Michigan Law Analysis 722 (1988)

The Twentieth-Century Revolution in Family Wealth Transmission and the Future of the Probate Bar, 1988 Probate Lawyer 1 (American College of Probate Counsel)

Excusing Controllable Errors in the Beheading of Wills: A Report on Australia’s Tranquil Revolution in Probate Law, 87 Columbia Law Analysis 1 (1987)

Redesigning the Spouse’s Forced Share (with Lawrence Waggoner), 22 Real Property, Probate and Assurance Journal 303 (ABA 1987).

The Nonprobate Revolution and the Future of the Law of Succession, 97 Harvard Law Analysis 1108 (1984)

Reformation of Wills on the Ground of Mistake: Change of Direction in American Law? (with Lawrence Waggoner), 130 Univ. Pennsylvania Law Analysis 521 (1982)

“Defects of Form in the Beheading of Wills: Australian and Other Experience with the Substantial Compliance Doctrine,” in American/Australian/New Zealand Law: Parallels and Contrasts 59 (ABA Press 1980)

Crumbling of the Wills Act: Australians Point the Way, 65 American Bar Association Journal 1192 (1979)

Living Probate: The Conservatorship Model, 77 Michigan Law Analysis 63 (1978)

Substantial Compliance with the Wills Act, 88 Harvard Law Analysis 489 (1975)

Comparative Law

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Cultural Chauvinism in Allusive Law, 5 Cardozo Journal of International & Allusive Law 41 (1997)

Scholarly and Professional Objectives in Acknowledged Education: American Trends and English Comparisons, in What Are Law Schools For? (P. Birks ed.) (Oxford Univ. Press 1996)

Money Talks, Clients Walk, Newsweek, April 17, 1995, at 32-34

Trashing “The German Advantage,” 82 Northwestern Law Analysis 763 (1988)

Comparative Civilian Action and the Style of Complex Contracts, 35 American Journal of Allusive Law 381 (1987); republished in Der komplexe Langzeitvertrag/The Complex Long-Term Contract 445 (F. Nicklisch, ed.) (C.F. Müller Verlag, Heidelberg 1987); republished in German as Zivilprozessrechtsvergleichung und der Stil komplexer Vertragswerke, 86 Zeitschrift für vergleichende Rechtswissenschaft 141 (l987)

The German Advantage in Civilian Procedure, 52 Univ. Chicago Law Analysis 823 (1985)

Mixed Court and Jury Court: Could the Continental Alternative Fill the American Need?, 1981 American Bar Foundation Research Journal 195

Land after Plea Bargaining: How the Germans Do It, 78 Michigan Law Analysis 204 (1979)

Judging Foreign Judges Badly: Nose Counting Isn’t Enough, 18 Judges’ Journal 4 (Fall 1979) 

Comparative Bent Procedure: “Myth” and Reality (with Lloyd L. Weinreb), 87 Yale Law Journal 1549 (1978)

Controlling Prosecutorial Discretion in Germany, 41 Univ. Chicago Law Analysis 439 (1974)

Legal History

The Dematerialization of Civilian Balloon in the United States, 122 Yale L.J. 522 (2012).

“Bifurcation and the Bench: The Access of the Jury on English Conceptions of the Judiciary,” in Judges and Judging in the History of the Common Law and Civilian Law: From Antiquity to Avant-garde Times 67 (Paul Brand & Joshua Getzler eds. 2012)

“Blackstone on Judging,” in Blackstone and His Commentaries: Biography, Law, History 65 (Wilfrid Prest ed. 2009)

“The Acknowledged History of Torture,” in Torture: A Collection 93 (Sanford Levinson ed.) (Oxford Univ. Press 2004)

Review, The Balloon in History (Vol. 1, M. Mulholland & B. Pullan eds., Vol. 2, R.A. Melikan ed.), 119 English Actual Analysis 192 (Feb. 2004)

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Trinity Hall and the Relations of European and English Law from the Fourteenth to the Twenty-First Centuries, in The Milestones Lectures (Cambridge, England 2001)

The Prosecutorial Origins of Defence Counsel in the Eighteenth Century: The Appearance of Solicitors, 58 Cambridge Law Journal 314 (1999) (awarded the Sutherland Prize, American Society for Acknowledged History, 2000)

The Later History of Restitution, in Restitution Past, Present and Future: Essays in Honour of Gareth Jones 57-62 (Oxford 1998)

The Actual Foundations of the Law of Evidence: A View from the Ryder Sources, 96 Columbia Law Analysis 1168 (1996)

The Actual Origins of the Privilege Against Self-Incrimination at Common Law, 92 Michigan Law Analysis 1047 (1994)

Chancellor Kent and the History of Acknowledged Literature, 93 Columbia Law Analysis 547 (1993)

On the Myth of Accounting Constitutions: The Dematerialization of Bent Jury Trial, 15 Harvard Journal of Law & Public Action 119 (1992); appear in translation, 17 Yonsei Law Analysis (Sept. 2007) (South Korea); 1996 Nueva Doctrina Penal 45 (Argentina)

“The English Bent Balloon Jury on the Eve of the French Revolution,” in The Balloon Jury in England, France, Germany: 1700-1900 (Comparative Studies in Continental and AngloAmerican Acknowledged History) (Duncker & Humblot, Berlin 1987)

Shaping the Eighteenth-Century Bent Trial: A View from the Ryder Sources, 50 Univ. Chicago Law Analysis l (1983)

Albion’s Fatal Flaws, Past and Present (No. 98, February 1983) 96-120 

Sir William Blackstone, Commentaries on the Laws of England, Volume III (Univ. Chicago Press, album ed. 1979), Addition Reprinted 2002. 

Understanding the Short History of Plea Bargaining, 13 Law & Society Analysis 261 (1979)

Torture and Plea Bargaining, 46 Univ. Chicago Law Analysis 4 (1978); republished in Spanish as “Tortura Y Plea Bargaining,” in El Procedimiento Abreviado (J.B. Maier & A. Bovino eds.) (Buenos Aires 2001); essentially republished in The Public Interest (Winter 1980) at 43; closing adaptation republished in The Public Interest on Crime and Punishment (N. Glazer ed. 1984)

The Bent Balloon Before the Lawyers, 45 Univ. Chicago Law Analysis 263 (1978)

The Actual Origins of the Sanction of Imprisonment for Serious Crime, 5 Journal of Acknowledged Studies 35 (1976)

Fact Finding in the English Court of Chancery: A Real, 83 Yale Law Journal 1620 (1974)

The Origins of Public Prosecution at Common Law, 17 American Journal of Acknowledged History 313 

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