Gerald Moran is a professor at Florida Coastal School of Law.
John Chipman Gray : The Harvard Brahmin of Property Lawby Gerald Paul Moran
John Chipman Gray plays an unusual role in the study of the law of property. The impact of his scholarly effort continues today from and through the prism of his defining scholarship on the historical origin of the so-called enigmatic Rule against Perpetuities (RAP). His book on the RAP, first published in 1886, became the most authoritative guide on this decidedly
John Chipman Gray plays an unusual role in the study of the law of property. The impact of his scholarly effort continues today from and through the prism of his defining scholarship on the historical origin of the so-called enigmatic Rule against Perpetuities (RAP). His book on the RAP, first published in 1886, became the most authoritative guide on this decidedly complex inheritance of the English common law. His formulaic condensation of the RAP became a foreboding juggernaut for law students to comprehend for more than a century. His scholarship and enduring hegemony on the interpretation and aggressive enforcement of this sacrosanct RAP of property law eventually led to the demands for elimination of some of the excesses of his ensconced articulation of the RAP during the latter part of the Twentieth Century. Most of that action was foreordained by the highly critical and equally humorous scholarship of Professor W. Barton Leach. It was only a matter of time before the academy agreed to provide some revision to lessen the harshness of Gray's RAP by action of the American Institute of Law and then later by the National Conference of Commissioners. All of these factors led the author into the study of the life and career of John Chipman Gray. He was without doubt one of the Giants of the Harvard Law School during the period when the metaphysical structure of the traditional modern American law school were designed and implemented. The personal experiences and the cultural influences on Professor Gray greatly shaped his perception of the role and function of law in society. Professor Gray was not just a law professor and scholar extraordinaire, but also a founding member of one of the most prestigious law firms of the country-Ropes & Gray- as well as a quintessential Brahmin. He was also directly involved in the Civil War and a half brother of Justice Horace Gray, Jr. These factors reveal an uncommon man passionately engaged in matters of the public forum, who oddly did not seek notoriety, and was at his core a very private person. Lastly, the book provides a special chapter designed to reduce some of the mysticism generally associated with the study of the RAP for students of today.
- Carolina Academic Press
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- Product dimensions:
- 6.30(w) x 9.10(h) x 1.10(d)
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