John H. Langbein
Encyclopedia
John H. Langbein is the Sterling Professor of Law and Legal History at Yale Law School
. He is an expert in the fields of trusts and estates
, comparative law
, and Anglo-American legal history
.
Professor Langbein earned his A.B.
in Economics
from Columbia University
in 1964; his LL.B. magna cum laude in 1968 from Harvard Law School
; and a second LL.B. in 1969 and a Ph.D.
in 1971 from the University of Cambridge
. His Cambridge Ph.D. thesis, "The Criminal Process in the Renaissance," was awarded the Yorke Prize
. He also received an honorary M.A. degree in 1990 from Yale University
. His first appointment was at the University of Chicago
, where he taught from 1971 to 1990. After being named Max Pam Professor of American and Foreign Law, he moved to Yale, where he eventually became a Sterling Professor, the highest-ranking appointment at Yale University.
In the field of trusts and estates, Professor Langbein is known for his scholarship advocating greater flexibility in the application of the Wills Act
formalities, work which led to the adoption of the "harmless error" standard in the Uniform Probate Code
. He has also called attention to the trend whereby human capital has replaced physical capital as the dominant form of wealth transmitted from parent to child. In the fields of comparative law
and legal history
, he is best known for his critique of the common-law jury
and adversarial procedure, which he considers inferior to the Continental alternatives, especially the German system
.
Professor Langbein is the author of numerous books and articles. He has focused in particular on the history of criminal procedure
, comparing the Anglo-American tradition to that of the European Continent. His article, "The Prosecutorial Origins of Defence Counsel in the Eighteenth Century: The Appearance of Solicitors," was awarded the Sutherland Prize by the American Society for Legal History in 2000. He is also a coauthor of the leading casebook on American pension law, Pension & Employee Benefit Law (4th ed. 2006).
Professor Langbein has long been active in law reform. He has served as an Associate Reporter for the Restatement of Property (Third): Wills and Other Donative Transfers, and is an adviser to the Restatement (Third) of Trusts. He is also a Commissioner of the National Conference of Commissioners on Uniform State Laws
, and has served on the drafting committees for several uniform acts, including the Uniform Prudent Investor Act (1994), for which he was the Reporter.
Professor Langbein is one of the most popular instructors at the Yale Law School
and has served as a mentor for many young scholars.
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
. He is an expert in the fields of trusts and estates
Trusts and estates
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation of the event of such person's incapacity or death, also known as the law of successions in civil law...
, comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
, and Anglo-American legal history
Legal history
Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history...
.
Professor Langbein earned his A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in Economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1964; his LL.B. magna cum laude in 1968 from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
; and a second LL.B. in 1969 and a Ph.D.
Ph.D.
A Ph.D. is a Doctor of Philosophy, an academic degree.Ph.D. may also refer to:* Ph.D. , a 1980s British group*Piled Higher and Deeper, a web comic strip*PhD: Phantasy Degree, a Korean comic series* PhD Docbook renderer, an XML renderer...
in 1971 from the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
. His Cambridge Ph.D. thesis, "The Criminal Process in the Renaissance," was awarded the Yorke Prize
Yorke Prize
The Yorke Prize is awarded annually by the Faculty of Law at the University of Cambridge for an essay of between 30,000 and 100,000 words on a legal subject, including the history, analysis, administration and reform of law....
. He also received an honorary M.A. degree in 1990 from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
. His first appointment was at the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
, where he taught from 1971 to 1990. After being named Max Pam Professor of American and Foreign Law, he moved to Yale, where he eventually became a Sterling Professor, the highest-ranking appointment at Yale University.
In the field of trusts and estates, Professor Langbein is known for his scholarship advocating greater flexibility in the application of the Wills Act
Wills Act 1837
The Wills Act 1837 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death...
formalities, work which led to the adoption of the "harmless error" standard in the Uniform Probate Code
Uniform Probate Code
The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws governing inheritance and the decedents' estates in the United States...
. He has also called attention to the trend whereby human capital has replaced physical capital as the dominant form of wealth transmitted from parent to child. In the fields of comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
and legal history
Legal history
Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history...
, he is best known for his critique of the common-law jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
and adversarial procedure, which he considers inferior to the Continental alternatives, especially the German system
Law of Germany
The modern German legal system is a system of law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws as for example most regulations of the civil code were developed prior to the 1949 constitution...
.
Professor Langbein is the author of numerous books and articles. He has focused in particular on the history of criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
, comparing the Anglo-American tradition to that of the European Continent. His article, "The Prosecutorial Origins of Defence Counsel in the Eighteenth Century: The Appearance of Solicitors," was awarded the Sutherland Prize by the American Society for Legal History in 2000. He is also a coauthor of the leading casebook on American pension law, Pension & Employee Benefit Law (4th ed. 2006).
Professor Langbein has long been active in law reform. He has served as an Associate Reporter for the Restatement of Property (Third): Wills and Other Donative Transfers, and is an adviser to the Restatement (Third) of Trusts. He is also a Commissioner of the National Conference of Commissioners on Uniform State Laws
National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
, and has served on the drafting committees for several uniform acts, including the Uniform Prudent Investor Act (1994), for which he was the Reporter.
Professor Langbein is one of the most popular instructors at the Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
and has served as a mentor for many young scholars.
Publications
Articles- JH Langbein and RA Posner, ‘Market Funds and Trust-Investment Law’ [1976] American Bar Foundation Research Journal 1, 6
- JH Langbein and RA Posner, ‘Social Investing and the Law of Trusts’ (1980-1981) 79 Michigan Law ReviewMichigan Law ReviewThe Michigan Law Review is an American law reviews established in 1902, after Gustavus Ohlinger, a student in the Law Department of the University of Michigan, approached the Dean with a proposal for a law journal. The Michigan Law Review was originally intended as a forum in which the faculty of...
72, 88 - JH Langbein, ‘The Uniform Prudent Investor Act and the Future of Trust Investing’ [1996] 81 Iowa Law Review 641
- JH Langbein ‘Questioning the Trust Law Duty of Loyalty’ (2005) 114 Yale Law JournalYale Law JournalThe Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
929 - 990.