Teaching.

John Langbein is Chancellor Kent Professor of Law and Legal History at Yale Law School. He teaches and writes in the fields of trust and estate law, pension and employee benefit law, Anglo-American and European legal history, and modern comparative law. Before moving to Yale in 1989 Professor Langbein held the chair as Max Pam Professor of American and Foreign Law at the University of Chicago. He has held shorter academic appointments at the University of Michigan and Stanford University, at Cambridge University and Oxford University in the UK, and at the Max Planck Institutes in Frankfurt and Freiberg, Germany.

Publications.

Professor Langbein has written extensively in the leading law reviews about investment, probate, pension, and trust law. He has been especially interested in developing the implications of modern portfolio theory for fiduciary investment law. The movement to excuse harmless errors in complying with Wills Act formalities traces to his scholarship: 88 Harvard Law Review 489 (1975); 87 Columbia Law Review 1 (1987). Professor Langhein co-authors the principal course book on pension and employee benefit law that is used in American law schools: Langbein & Wolk, Pension and Employee Benefit Law (Foundation Press, 2d ed. 1995). In recent writing he has explored the relationship between trust and contract law, 105 Yale L.J. 625 (1995), and the burgeoning use of the trust as an alternative to the corporation in transactional practice, 107 Yale L.J. 165 (1997).

Apart from fiduciary law, Professor Langbein has written a series of historical monographs on the origins of the Anglo-American adversary system of criminal procedure, as well as books and articles contrasting modern Anglo-American civil and criminal procedure with Continental practice. He is a critic of the adversary system, and he has appeared often on national television programs discussing the shortcomings of American civil and criminal justice.

Law Reform.

Professor Langbein has served as a Uniform Law Commissioner from Illinois and Connecticut since 1984. He has been the reporter and principal drafter for several uniform acts, including, most recently, the Uniform Prudent Investor Act.

Since 1985 he has been a member of the Joint Editorial Board for the Uniform Probate Code, the body that is responsible for updating the Code. From 1991 to 1997 he chaired the Uniform Law Commission`s probate and trust division. He served on the drafting committees that produced the Uniform Custodial Trust Act, the Uniform Health-Care Decisions Act (the "right to die" legislation), the revised Uniform Principal and Income Act, and the Uniform Nonprobate Transfers on Death Act. He is presently a member of the committee drafting the projected national trust code, the Uniform Trust Act.

For the American Law Institute Professor Langbein is serving as the associate reporter for the Restatement of Property (Third): Wills & Other Donative Transfers, the first comprehensive restatement of the law of wills; and as an advisor for the Restatement of Trusts (Third).

In his home state, Professor Langbein serves on the Probate Advisory Committee of the Connecticut Law Revision Committee and on the Executive Committee of the Connecticut Bar Association`s Estates and Probate Section.

Memberships. Professor Langbein is a member of the American Academy of Arts and Sciences, the American Law Institute, and the International Academy of Comparative Law. He is an academic fellow of the American College of Trust and Estate Counsel and an academician of the International Academy of Estate and Trust Law. He is a member of numerous international scholarly bodies in the fields of legal history and comparative law. He is admitted to the bar in Florida and the District of Columbia, and as a barrister of the Inner Temple in England.

Education. After completing an undergraduate degree in economics at Columbia University in 1964, Professor Langbein studied law and legal history for seven years in England, Germany, and the United States. He graduated magna cum laude from Harvard in 1968, where he was articles editor of the Harvard Law Review. He received the LL.B in English law with first class honours from Cambridge University (Trinity Hall) and the Ph.D. in legal history from Cambridge in 1971. He also holds an honorary M.A. from Yale.

I. Professional

Chancellor Kent Professor of Law and Legal History, Yale University, since 1990

Previous position: University of Chicago, Max Pam Professor of American and Foreign Law, 1980-90; professor, assistant professor 1971-80

Visiting professor: Arthur Goodhart Professor in Legal Science, Cambridge University (1997-98); Yale Law School (1989-90); Stanford Law School (1985-86); University of Michigan Law School (summer 1976)

Visiting fellow:

All Souls College, Oxford (1977)

Max Planck Institute for European Legal History, Frankfurt (1977; 1969-70)

Max Planck Institute for Criminal Law, Freiburg (1973) (Alexander von Humboldt-Stiftung Fellow)

Teaching subjects:

Pension and employee benefit law (ERISA)

Wills and succession

Trusts, estates, and fiduciary administration

English, European, and American legal history

Comparative law (emphasizing modern German law and legal

institutions)

Admitted to the bar:

District of Columbia (1969)

England: Of the Inner Temple, Barrister-at-Law (1970)

Florida (1971)

Member:

American Academy of Arts and Sciences (elected 1987)

American Association for the Comparative Study of Law

American Bar Association (sections: Legal Education; Real Property, Probate & Trust)

American College of Trust and Estate Counsel (elected 1985)

American Historical Association

American Law Institute (elected 1983)

American Society for Legal History

Association internationale de droit judiciaire (elected 1984)

Connecticut Bar Association (section: Estates & Probate)

Gesellschaft f¸r Rechtsver-gleichung (Germany)

International Academy of Comparative Law (elected 1984)

International Academy of Estate and Trust Law (elected 1985)

International Association of Penal Law

International Commission for the History of Representative and Parliamentary Institutions

Selden Society

Society of Public Teachers of Law (UK)

Wagner Society of America

II. Public Service (current)

Reporter, Uniform Law Commission, Uniform Prudent Investor Act (since 1991)

Associate Reporter, American Law Institute, Restatement of Property (Third): Wills and Other Donative Transfers (since 1990)

Adviser, American Law Institute, Restatement of the Law of Trusts (Third) (since 1993); and Restatement of the Law of Trusts (Third): Prudent Investor Rule (1987-92)

Member, U.S. Secretary of State`s Advisory Committee on Private International Law, Study Groups on Trusts and Decedents` Estates (since 1984)

Commissioner, National Conference of Commissioners on Uniform State Laws (since 1984):

Gubernatorial appointments from Illinois, 1984-91; from Connecti-cut, since 1991. Scope & Program Committee, 1989-91; Director, Division D (Probate and Trust), 1991-97

Completed drafting projects: Co-reporter, Uniform Transfer on Death Security Registration Act; drafting committee on Uniform Custodial Trust Act; Drafting committees to Revise Articles II & VI, Uniform Probate Code; drafting committee on Uniform Health-Care Decisions Act (right to die); drafting committee on Uniform Principal and Income Act; Drafting Committee on Uniform Management of Public Employee Retirement Systems Act

Pending drafting committee: Uniform Trust Act

Member, Joint Editorial Board for the Uniform Probate Code (Uniform Law Commission representative) (since 1985)

Member, American Bar Association, Section of Real Property, Probate and Trust Law, Task Force on Lawyers Serving as Fiduciaries (since 1987)

Member, Connecticut Law Revision Commission, Probate Advisory Committee (since 1990)

III. Personal

Born 17 November 1941; American citizen; married 24 June 1973, Kirsti M. Langbein; children, Christopher H., b. 11 July 1979; Julia L., b. 6 June 1981; Anne K., b. 25 March 1983

Languages: fluent German, good French, working Italian

Church: St. Thomas Episcopal Church, New Haven (vestry, 1991-94); member, Board of Managers, St. Thomas Episcopal Day School (1991-97, chair 1995-97)

Listed in: Who`s Who in America

Who`s Who in American Law

Who`s Who in American Education

IV. Degrees

M.A. 1990 (hon.), Yale University

Ph.D. 1971, Cambridge University, England (Trinity Hall). Thesis: "The Criminal Process in the Renaissance"

LL.B. 1969, Cambridge University. First class honours; Trinity Hall Prize in English law; Scholar of Trinity Hall

LL.B. 1968, Harvard Law School. Magna cum laude; editor Harvard Law Review, vol. 80; articles editor, vol. 81; Frank Knox Fellow, 1968-69; Harvard Law School Fellow in Foreign and Comparative Law, 1968-71

A.B. 1964, Columbia University (economics)

V. Principal Publications: Books

The Privilege Against Self-Incrimination (with R.H. Helmholz et al.) (University of Chicago Press) (1997)

Pension and Employee Benefit Law (with Bruce Wolk) (2d edition, Foundation Press 1995) (1st edition 1990). Teacher`s Manual (1995, 1990); annual supplements (1998, 1997, 1994, 1993, 1992, 1991)

Selected Statutes on Trusts and Estates: 1995 Edition (with Lawrence Waggoner) (Foundation Press 1995) (previous editions 1994, 1992, 1991, 1989, 1987)

Comparative Criminal Procedure: Germany (West Publishing Co., American Casebook Series 1977)

Torture and the Law of Proof: Europe and England in the Ancien RÈgime (University of Chicago Press 1977)

Prosecuting Crime in the Renaissance: England, Germany, France (Harvard University Press 1974) (awarded the Yorke Prize by Cambridge University); excerpted in part and published in translation as "Die Carolina" in F.C. Schroeder, ed., Die Carolina: Die Peinliche Gerichtsordnung Kaiser Karls V. von 1532 (Wissenschaftliche Buchgesellschaft, Darmstadt 1986)

VI. Principal Publications: Articles Pension and Investment Law

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 Trust Investing, 81 Iowa Law Review 641 (1996)

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

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

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

The Conundrum of Fiduciary Investing under ERISA, in Proxy Voting of Pension Plan Equity Securities (D. McGill, ed.) (Wharton School: Pension Research Council) (1989)

ERISA`s Fundamental Contradiction: The Exclusive Benefit Rule (with Daniel R. Fischel), 55 University of Chicago Law Review 1105 (1988)

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

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

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

The Revolution in Trust Investment 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 l

Trust and Estate Law

The Secret Life of the Trust: The Trust as an Instrument of Commerce, 107 Yale Law Journal 165 (1997)

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 Review 871 (1992) (Uniform Probate Code Symposium 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 10-18 (December 1989)

The Twentieth-Century Revolution in Family Wealth Transmission, 86 Michigan Law Review 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 Harmless Errors in the Execution of Wills: A Report on Australia`s Tranquil Revolution in Probate Law, 87 Columbia Law Review 1 (1987)

Redesigning the Spouse`s Forced Share (with Lawrence Waggoner), 22 Real Property, Probate and Trust Journal 303 (ABA, 1987); abridged and republished, 32 Law Quadrangle Notes 30 (University of Michigan Law School 1988)

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

Reformation of Wills on the Ground of Mistake: Change of Direc-tion in American Law? (with Lawrence Waggoner), 130 University of Pennsylvania Law Review 521 (1982).

Defects of Form in the Execution 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); substantially republished as The Crumbling of the Wills Act: The Australians Point the Way, 25 University of Chicago Law School Record 3 (1979)

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

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

Comparative Law

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

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

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

The Influence of Comparative Procedure in the United States, 43 American Journal of Comparative Law 545 (1995) (United States National Report to the Tenth World Congress for Procedure Law).

American Legal Education in Comparative Perspective, in Legal Education in the Netherlands in a Comparative Context 55-64 (Grotius Academy 1995) (ISBN 90-71478-43-2)

The Influence of the German migrÈs on American Law: The Curious Case of Civil and Criminal Procedure, in Einfluþ deutsch-sprachiger juristischer Emigranten auf die Rechtsentwicklung in den USA und in Deutschland (Mohr Verlag, T¸bingen 1993)

Trashing "The German Advantage," 82 Northwestern Law Review 763 (1988)

Comparative Civil Procedure and the Style of Complex Cont-racts, 35 American Journal of Comparative Law 381 (1987); republished in Der komplexe Langzeitvertrag/The Complex Long-Term Contract 445 (F. Nicklisch, ed.) (C.F. M¸ller Verlag, Heidelberg 1987); republished in German as Zivilprozess-rechtsvergleichung und der Stil komplexer Vertragswerke, 86 Zeitschrift f¸r vergleichende Rechtswissenschaft 141 (l987)

The German Advantage in Civil Procedure, 52 University of Chicago Law Review 823 (1985)

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

Land without Plea Bargaining: How the Germans Do It, 78 Michigan Law Review 204 (1979)

Judging Foreign Judges Badly: Nose Counting Isn`t Enough, 18 Judges` Journal 4 (Fall 1979)

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

Controlling Prosecutorial Discretion in Germany, 41 University of Chicago Law Review 439 (1974)

Legal History

The Prosecutorial Origins of Defense Counsel in the Eighteenth Century: The Appearance of Solicitors, Cambridge Law Journal (forthcoming, 1999)

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

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

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

Chancellor Kent and the History of Legal Literature, 93 Columbia Law Review 547 (1993)

On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial, 15 Harvard Journal of Law & Public Policy 119 (1992); published in translation as Sobre el mito de las constituciones escritas: La desaparicion del juicio penal por jurados, 1996 Nueva Doctrina Penal 45 (Argentina, 1996)

Culprits and Victims, Times (London) Literary Supplement, Oct 11, 1991 (review)

The Twilight of Amateur Law Enforcement, 9 Law and History Review 398 (1991) (review)

The English Criminal Trial Jury on the Eve of the French Revolution, in The Trial Jury in England, France, Germany: 1700-1900 (Comparative Studies in Continental and Anglo-American Legal History) (Duncker & Humblot, Berlin l987)

The Constitutio Criminalis Carolina in Comparative Perspective: An Anglo-American View, in Strafrecht, Strafprozess und Rezeption (P. Landau & F.-C. Schroeder, eds.) (Frankfurt 1984)

Shaping the Eighteenth-Century Criminal Trial: A View from the Ryder Sources, 50 University of Chicago Law Review l (1983)

Illustrations as Legal Historical Sources, 29 University of Chicago Law School Record 3 (1983)

Encyclopedia of Crime and Justice, entry for the history of the law of torture (Macmillan, 1983)

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

Biographical Dictionary of the Common Law (A.W.B. Simpson, ed.), entries for G. Gilbert, W. Lambarde, D. Ryder, T. de Veil, J. Wild (Butterworths 1983)

Introduction, Sir William Blackstone, Commentaries on the Laws of England, Volume III (University of Chicago Press, reprint ed. 1979)

Understanding the Short History of Plea Bargaining, 13 Law and Society Review 261 (1979)

Torture and Plea Bargaining, 46 University of Chicago Law Review 4 (1978); substantially republished in The Public Interest (Winter 1980); latter version republished in The Public Inter-est on Crime and Punishment (N. Glazer, ed. 1984)

The Criminal Trial Before the Lawyers, 45 University of Chicago Law Review 263 (1978)

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

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

The Origins of Public Prosecution at Common Law, 17 American Journal of Legal History 313 (1973)