
At a glance...
 J. Donald Monan, S.J. University Professor Law School
daniel.coquillette@bc.edu
Office Location Law School M506
617.552.8650
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BACKGROUND
The author of Lawyers and Fundamental Moral Responsibility, The Anglo-American Legal Heritage, Francis Bacon, and The Civilian Jurists of Doctor's Commons and editor of Law in Colonial Massachusetts and Moore's Federal Practice, J. Donald Monan Professor of Law Daniel R. Coquillette teaches and writes in the areas of legal history and professional responsibility.
Professor Coquillette was a law clerk for justice Robert Braucher of the Supreme Judicial Court of Massachusetts and Chief Justice Warren E. Burger of the Supreme Court of the United States. He taught legal ethics on the faculty of the Boston University Law School, taught as a Visiting Professor at Cornell Law School and Harvard Law School, and became a partner for six years at the Boston law firm of Palmer & Dodge, where he specialized in complex litigation. He served as Dean of Boston College Law School from 1985-1993, and was named J. Donald Monan, S.J. University Professor in 1996.
Among his many activities, Professor Coquillette is an Advisor to the American Law Institute's Restatement on Law Governing the Legal Profession, a member of the Harvard University Overseers' Committee to Visit Harvard Law School, and Reporter to the Committee on Rules of Practice and Procedure, Judicial Conference of the United States. For five years, he was Chairman of the Massachusetts Bar Association Committee on Professional Ethics and Chairman of the Task Force on Unauthorized Practice of Law. He also served on the American Bar Association Committee on Ethics and Professional Responsibility, the Board of the American Society of Legal History, the Massachusetts Task Force on Model Rules of Professional Conduct and the Massachusetts Task Force on Professionalism. He was also a member of the Special Committee on Model Rules of Attorney Conduct of the Supreme Judicial Court of Massachusetts.
EDUCATION
A.B., Williams College; M.A., Oxford University; J.D., Harvard University.
RECENT ACTIVITIES
Work in Progress: With Neil Longley York. The Law Reports (1761–1772). Vol. 4 of Portrait of a Patriot: The Major Political and Legal Papers of Josiah Quincy Jr. Boston, MA: Colonial Society of Massachusetts.
Presentations: “Josiah Quincy Jr.’s Trip to the South: America on the Eve of Revolution,” Massachusetts chapter of the BC Law Alumni Association, in October 2006.
“Josiah Quincy Jr., the First SJC Law Reports, and the War in Iraq,” Supreme Judicial Court Historical Society and Law Clerks Association, in September 2006.
"Meet the Manuscript," a presentation on the illuminated Officium Beatae Mariae Virginis manuscript at BC Law in May 2006.
“Lessons of the American Revolution,” keynote speech, National Association for Corporate Counsel, Boston, in April 2006.
"The Library of Levi Lincoln, Jefferson’s Attorney General, and Other Recent Acquisitions," at BC Law in May 2005. "Bankruptcy Law and Jesuit-Catholic Legal Heritage," introductory remarks at a symposium sponsored by the American College of Bankruptcy and the Boston College Law Review at BC Law in April 2005.
Activities: As reporter to the Committee on Rules of Practice and Procedure of the US Judicial Conference, attended a standing committee meeting, Washington, DC, in June and the Civil Rule Advisory Committee meeting, Vanderbilt University, Nashville, TN, in September 2006. As reporter for the Standing Committee on Rules of Practice and Procedure of the US Judicial Conference, attended a standing committee meeting and the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing Electronic Discovery, San Francisco, California, in January 2005, and spring meetings of the Judicial Conference advisory committees on Bankruptcy Rules, Sarasota, Florida; on Criminal Rules, Charleston, South Carolina; on Civil Rules, Washington, DC. Co-chair of the Law Day reception in honor of former Dean Richard G. Huber at BC Law in April 2005. Convener of the Harvard Law School History Project in April and May 2005.
Appointments: Reappointed reporter for the Standing Committee on Rules of Practice and Procedure of the US Judicial Conference. Reappointed Lester Kissel Visiting Professor of Law at Harvard Law School for spring term 2005.
Other: Donated an illuminated Officium Beatae Mariae Virginis manuscript to the Boston College Law Library in March 2005.
COURSES
Fall '07: Anglo-American Legal History; Professional Responsibility Spring '08: American Legal Education
PUBLICATIONS
- With Neil Longley York, editors. Portrait of a Patriot: The Major Political and Legal Papers of Josiah Quincy Junior. Volume Three, The Southern Journal (1773). Boston, MA: Colonial Society of Massachusetts, 2007.
- "Legal Education of a Patriot: Josiah Quincy Jr.'s Law Commonplace (1763)." Arizona State Law Journal 39 (Summer 2007): 317-376.
- "Patriots in Defense of the 'Enemy.'" Boston Globe 271: no.18 (January 18, 2007): A11.
- “Sectionalism, Slavery and the Threat of War in Josiah Quincy Jr.’s 1773 Southern Journal.” New England Quarterly 79 (June 2006): 181-201.
- With Judith A. McMorrow. Moore’s Federal Practice, 3rd ed.: The Federal Law of Attorney Conduct. Newark, NJ: LexisNexis, 2006.
- With Neil Longley York. editors. Portrait of a Patriot: The Major Political and Legal Papers of Josiah Quincy Junior. Volume One, The Political Commonplace Book and the London Journal. Boston, MA: Colonial Society of Massachusetts, 2005.
- Real Ethics for Real Lawyers. Durham, NC: Carolina Academic Press, 2005.
- With Judith McMorrow. "Toward an Ecclesiastical Professional Ethic: Lessons from the Legal Profession." In Church Ethics And Its Organizational Context: Learning from the Sex Abuse Scandal in the Catholic Church, edited by J. Bartunek, 157-167. Lanham, MD: Rowman & Littlefield Publishers, 2006.
- "'The Purer Fountains': Bacon and Legal Education." In Francis Bacon and the Refiguring of Early Modern Thought: Essays to Commemorate 'The Advancement of Learning' (1605-2005), edited by Julie Solomon and Catherine Gilmetti Martin. Hampshire, UK: Ashgate Press, 2005.
- “ ‘Mourning Venice and Genoa’: Joseph Story, Legal Education, and the Lex Mercatoria.” In From Lex Mercatoria to Commercial Law, edited by Vito Piergiovanni. Berlin: Duncker-Humbolt, 2005.
- The Anglo-American Legal Heritage: Introductory Materials. 2nd ed. Durham, NC: Carolina Academic Press, 2004.
- "The Legal History of the Twentieth Century." International Journal of Legal Information 31, no. 2 (Summer 2003): 211-237.
- "The 'Story' of Harvard Law School." Harvard Law Today 1: no.4 (March 2002): 4.
- Co-editor and contributing author. Moore's Federal Practice. 3rd ed., 2002 revision. Newark, NJ: LexisNexis, 2002.
- With Judith R. McMorrow. The Federal Law of Attorney Conduct. Newark, NJ: LexisNexis, 2001.
- Adviser. Restatement of the Law (Third): The Law Governing Lawyers. St.Paul, MN: American Institute of Law Publishers, 2000.
- The Anglo-American Legal Heritage: Introductory Materials. Durham, NC.: Carolina Academic Press, 1999. (A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.)
- "Safeguarding the Heritage." Review of Excellent Judges, by Edward F. Hennessey. Judicature 82 (March/April 1999): 237-238.
- With Mary Elizabeth Basile, Jane Fair Bestor, and Charles Donahue, Jr., editors and translators. Lex Mercatoria and Legal Pluralism: A Late Thirteenth-Century Treatise and its Afterlife. Cambridge, Mass.: Ames Foundation, 1998.
- With Marie Leary, reporters. Special Studies of Federal Rules Governing Attorney Conduct. Washington, D.C.: Administrative Office of the United States Courts, 1997.
- "Incipit Lex Mercatoria, Que, Quando, Ubi, Inter Quos et de Quibus Sit: el Tratado de Lex Mercatoria en el Little Red Book de Bristol." In Del Ius Mercatorum al Derecho Mercantil, edited by Carlos Petit, 144-228. Madrid: Marcial Pons, 1997.
- Co-Editor. With Gregory P. Joseph, Sol Schreiber, Jerold S. Solovy, Georgene M.Vairo. Moore's Federal Practice, 3rd ed., New York: Matthew Bender, 1997. Chapter author for: "Scope and Purposes of Rules." Chapter 1, 1-1 - 1-58. "One Form of Action." Chapter 2, 2-1 - 2-44. "Commencement of Action." Chapter 3 (Co-authored with Robert M. Bloom), 3-1 - 3-34.
- "First Flower - The Earliest American Law Reports and the Extraordinary Josiah Quincy Jr. (1744-1755). " Suffolk University Law Review 30 (Spring 1996): 1-34.
- Lawyers and Fundamental Moral Responsibility. Cincinnati, OH: Anderson Publishing Co., 1995.
- "Professionalism: The Deep Theory." North Carolina Law Review 72 (June 1994): 1271-1277.
- "Radical Lawmakers in Colonial Massachusetts: The `Countenance of Authoritie' and the Lawes and Libertyes." The New England Quarterly 67 (June 1994): 179-206. [Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.]
- With Mary P. Squiers. "Rule 4 - Summons" and "Rule 4.1 - Service of Other Process." Volume 2, Moore's Federal Practice, 2nd ed., edited by James Wm. Moore and Jo Desha Lucas, 4-1 - 4-476, 4.1-1 - 4.1-6. New York: Matthew Bender, 1994.
- "Uncivil Law," interview by John Ombelets. Boston College Magazine 53 (Winter 1994): 40-47.
- "The Mystery of the New Fashioned Goldsmiths: From Usury to the Bank of England (1622-1694)." In The Growth of the Bank as Institution and the Development of Money-Business Law, edited by Vito Piergiovanni, 91-117. Comparative Studies in Continental and Anglo-American Legal History, Band 12. Berlin: Duncker & Humboldt, 1993. [Also appears in Miscellanea Domenico Maffei Dicato Historia Ius Studium, vol. 4, 523-550. Goldbach, Germany: Keip Verlag, 1995.]
- Francis Bacon. Stanford, CA: Stanford University Press, 1992. (For distribution in Europe, Edinburgh, UK: Edinburgh University Press, 1992. Part of the Edinburgh Press' Jurist series entitled: Profiles in Legal Theory, edited by William Twining and Neil MacCormick.)
- With Mary P. Squiers and Stephen N. Subrin. "The Role of Local Rules." ABA Journal 75 (January 1989): 62-65.
- The Civilian Writers of Doctors' Commons, London: Three Centuries of Juristic Innovation in Comparative, Commercial and International Law. Berlin: Dunker & Humbolt, 1988.
- "Can Ethics Be Taught by Law Schools?" Syllabus 18, no. 1 (March 1987): 1, 8.
- "Legal Ideology and Incorporation IV: The Nature of Civilian Influence on Modern Anglo-American Commercial Law." Boston University Law Review 67 (November 1987): 876-970.
- "Legal Ideology and Incorporation III: Reason Regulated - The Post-Restoration English Civilians, 1653-1735." Boston University Law Review 67 (March 1987): 289-361.
- "The 'Countenance of Authoritie'." Introduction to Law in Colonial Massachusetts, 1630-1800: A Conference held 6 and 7 November 1981, by the Colonial Society of Massachusetts, xxi - lxii. Boston: The Society, 1984.
- "Equity." In Dictionary of the Middle Ages, edited by Joseph R. Strayar, vol. 4, 500-504. New York: Charles Scribner's Sons, 1984.
- "Justinian in Braintree: John Adams, Civilian Learning, and Legal Elitism, 1758-1775." In Law in Colonial Massachusetts, 1630-1800: A Conference held 6 and 7 November 1981, by the Colonial Society of Massachusetts, 359 - 418. Boston: The Society, 1984. (A portion of this work forms Chapter 2 of The History of Legal Education in the United States: Commentaries and Primary Sources, volume 1, editor, Steve Sheppard, 75-92. Pasadena, CA: Salem Press, 1999.)
- Editor. Law in Colonial Massachusetts, 1630-1800: A Conference held 6 and 7 November 1981, by the Colonial Society of Massachusetts. Boston: The Society, 1984.
- "Ideology and Incorporation II: Sir Thomas Ridley, Charles Molloy, and the Literary Battle for the Law Merchant, 1607-1676." Boston University Law Review 61 (March 1981): 315-371.
- "Legal Ideology and Incorporation I: The English Civilian Writers, 1523-1607." Boston University Law Review 61 (January 1981): 1-89.
- "Mosses from an Old Manse: Another Look at Some Historic Property Cases About the Environment." Cornell Law Review 64 (June 1979): 761-821. [Also appears in Land Use and Environment Law Review 12 (1981): 67-127, and in International Library of Essays in Law and Legal Theory: Environmental Law, edited by Michael C. Blum, 107-67. New York: New York University Press, 1992.]
- "Slicing the Big Tomato" (Orientation Speech to the Entering Class, Boston University Law School). Bostonia 50, no. 1 (Autumn 1976): 14-15.
- With David L. Shapiro. "The Fetish of Jury Trial in Civil Cases: A Comment on Rachal v. Hill." Harvard Law Review 85 (December 1971): 442-458.
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