Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P40 doc

Moton, covered with Liuzzo’s blood, feigned death and then ran three miles before finding safety with other civil rights workers. It took the FBI eight hours to arrest three suspects, all Klan members. Gary Thomas Rowe, Jr., a 34-year-old Klan member who had been passing information to the FBI for five years, was riding with three others in the car from which the fatal shots were fired. Immedi- ately, the state of Alabama indicted the other three men on first-degree murder char ges. Rowe was given immunity and put in PROTECTIVE CUSTODY in return for testifying against Eugene Thomas, age 43; William Orville Eaton, age 41 and Collie Leroy Wilkins, Jr., age 21. According to Rowe’s subsequent testimony, the men had received instructions from Klan leaders to punish one of the marchers. A trial on state charges in Ma y 1965 ended in a MISTRIAL. However, a subsequent federal trial, based on a conspiracy to violate Luizzo’s civil rights, brought guilty verdicts. Each of the defendants was sentenced to ten years. A subsequent APPEAL failed. In 1979 the Liuzzo family filed a $2 million lawsuit against the FBI. The suit accused the bureau of NEGLIGENCE in its hiring, training, and supervision of Rowe. The informant, it alleged, was a loose gun who had actively participated in the murder. U.S. district judge Charles Joiner heard the trial without a jury and on May 30, 1983, found that Rowe did not shoot Liuzzo. He further ruled that the government was not responsible for her death. In 1982 the Detroit City Council honored Liuzzo for her contributions to the struggle for civil and HUMAN RIGHTS. In June 1982 a mayoral PROCLAMATION made June 1– 8 VIOLA LIUZZO Commemoration Week. Other memorials fol- lowed. In 1985 nearly 100 marchers led by the Reverend Joseph Lowery, president of the SCLC, retraced the historic Selma-to-Mon- tgomery march and laid a wreath at the site where she was murdered. There along U.S. Route 80, beside a swampy stretch, stands a simple stone marker, dedicated in 1991 by women members of the SCLC. It reads, “In Memory of Our Sister Viola Liuzzo Who Gave Her Life in the Struggle for the Right to Vote.” FURTHER READINGS Gentry, Curt. 2001. J. Edgar Hoover: The Man and the Secrets. New York: Norton. Powers, Richard G. 1987. Secrecy and Power: The Life of J. Edgar Hoover. New York: Free Press. Siegel, Beatrice. 1993. Murder on the Highway: The Viola Liuzzo Story. New York: Four Winds Press. Stanton, Mary. 2000. From Selma to Sorrow: The Life and Death of Viola Liuzzo. Athens, GA: Univ. of Georgia Press. LIVERY OF SEISIN A ceremony performed in medieval England that effected the transfer of land from one party to another. Livery of seisin was the dominant method of transferring land in England until 1536, and it continued to be legal until 1925. The term livery of seisin means simply “transfer of possession”: livery means “delivery” and is from the Old French livrer, and seisin me ans “possession” and is from the Old French saisir or seisir. The concept behind livery of seisin, therefore, was the symbolic transfer of the possession of land. The entire ceremony of transfer was called FEOFFMENT with livery of seisin, with feoffmen t meaning “a gift,” specifically a gift of a FREEHOLD interest in a parcel of land. The transferor was the feoffor, the transferee was the feoffee, and the land interest was the fief. In the Middle Ages, a livery of seisin was essential to convey la nd from one party to another; without it no real right to land could be transferred. When performing the ceremony, the feoffor, the feoffee, and their witnesses generally stood on the land itself, though it was permissible to stand within view of the land if the feoffee made an actual entry to the land while the feoffor was still alive. During the ceremony the feoffor spoke appropriate words declaring the gift, and then handed the feoffee an object representing that gift, such as dirt, turf, or a twig, or even a ring, a cross, or a knife. If a house was being transferred, the ring of the door might be exchanged. In addition to delivering possession of the land, the feoffor needed to vacate the land. The feoffor’s tenants and others living on the land were expelled, along with their possessions. In some cases, the feoffor performed a ceremony or gesture showing abandonment of the land, such as by making a sign with the hands, jumping over a hedge, or throwing a rod to the feoffee. A livery of seisin was sometimes accompa- nied by a deed, or charter of feoffment, written in Latin, which was used to call attention to the conveyance of land. This was often the case GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 378 LIVERY OF SEISIN when the transfer in question had special political significance or when it involved com- plex boundaries. If a charter of feoffment existed, it was read during the livery of seisin. However, such a charter did not in itself serve as a means of transferring land; rather, it was used simply as evidence that a transfer had taken place. Its language was not “I hereby give” but “Know ye that I have given.” A charter of feoffment by itself was not considered an agreement to transfer land, but had to be accompanied by a livery of seisin. During the Anglo-Saxon period in England, before the Norman Conquest of 1066, the use of writing was rare, so few charters existed. After the Norman invasion, writing was used more often, but charters were still generally short and crude. Eventually, over a period of hundreds of years, the delivery of a charter or deed came to replace the delivery of dirt, twigs, or knives that had been used to convey land in the livery- of-seisin ceremonies. The Real Property Act of 1845 (8 & 9 Vict. ch. 106 [Eng.]) did not abolish livery of seisin, but it did allow deeds to be used freely as granting devices, which had the same effect. The Law of Property Act, passed in 1925 (15 & 16 Geo. 5, ch. 20 [Eng.]), finally abolished the livery- of-seisin ceremony. FURTHER READINGS Bergin, Thomas F., and Paul G. Haskell. 1991. Preface to Estates in Land and Future Interests. Eagan, MN: West. Singer, Joseph William. 2006. Property Law: Rules, Policies, and Practices. Frederick, MD: Aspen. Williams, Joshua. 2008. The Seisin of the Freehold. Charleston, SC: BiblioBazaar. LIVERY STABLE KEEPERS Individuals who, as a regular course of business, provide quarters for the boarding of horses and rent them for hire. Livery stables are ordinarily subject to regu- lation. A municipal corporation acting subject to the authority delegated by the state legisla- ture can prohibit the maintenance of such stables in particular areas of a town or city. Such regulation must be reasonable and uniform in its effect upon individual keepers as well as the general public at large. A state or a municipal corporation can require that a livery stable keeper obtain a license, or it can impose a tax upon their activities. Generally a livery stable keeper who hires out a horse makes an implied promise or warranty that it is fit for ordinary use. The livery stable keeper will be held liable in the event that the horse is vicious and, as a result, a person suffers injury as a result of the horse’s behavior. LIVING TRUST A property right, held by one party for the benefit of another, that becomes effective during the lifetime of the creator and is, therefore, in existence upon his or her death. A living trust, also known as an inter vivos trust, is different from a testamentary trust, which is created by will and does not take effect until the death of the settlor. LIVING WILL A written document that allows a patient to give explicit instructions about medical treatment to be administered when the patient is terminally ill or permanently unconscious; also called an advance directive. With improvements in modern medicine, the life of persons who are terminally ill or permanently unconscious can be prolonged. For increasing numbers of persons, the decision of whether to prolong life is being made in the form of a written document called a living will. The living will is one type of advance directive that may be used by a person before incapa- citation to outline a full range of treatment preferences or, most often, to reject treatment. A living will extends the principle of consent, WHEREBY patients must agree to any medical intervention before doctors can proceed. It allows the patient to guide health care for the future when she may be too ill to make decisions concerning care. It can be revoked by the patient at any time. For many the living will preserves personal control and eases the deci- sion-making burden of a family. Forty-two states and the DISTRICT OF COLUMBIA have living-will statutes that make a properly executed living will legally binding. In states that do not have a statute, living wills stand as a clear expression of the patient’s wishes. Living- will statutes require that the person be legally competent to execute the will and that the will be witnessed by at least one disinterested person. Once a person who has a valid living will is terminally ill, the attending physician and a second physician must certify in writing that GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LIVING WILL 379 there is no reasonable expectation for improve- ment in the patient’s condition and that death will occur as a result of the incurable disease, illness, or injury. Upon this certification the doctor is obligat- ed to follow the instructions contained in the living will. This typically means the patient does not want any medical procedures that serve only to prolong but not prevent the dying process. Therefore, if the patie nt is unable to breathe, the doctor is not required to connect the patient to a respirator. A patient may state in a living will that he does not want a feeding tube if unable to swallow food. Another common directive is to forbid resuscitation if the patient’s heart stops beating. Living wills have been criticized because they are usually limited to the withholding or withdrawing of “life-sustaining” procedures from a patient with a “terminal condition” or “terminal illness,” and thus do not accu rately reflect the broad LEGAL RIGHT to refuse treatment. In addition, by their very nature, living wills reduce the patient’s wishes to writing, and thus may be too rigid (or too vague) to adapt to changing interests or anticipate future circumstances. To overcome these problems, many states have enacted statutes that permit a competent adult to designate a surrogate decision maker (also termed a health care PROXY or agent) to make health care decisions for her in the event of incapacitation. The proxy’s authority is usually not limited to decisions about life-sustaining treatment. A proxy can supplement a living will. All 50 states have durable-power-of- attorney statutes that permit an individual (the principal) to designate another person (the attorney in fact) to perform specific tasks during any period of incapacity. Though most of these statutes do not expressly refer to medical care decisions, no court has ruled that they preclude the delegation of medical decision-making authority to the attorney in fact. CROSS R EFERENCES Death and Dying; Health Care Law; Organ Donation Law; Patients’ Rights; Physician s and Surgeons; Quinlan, In re. A sample living trust. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. DECLARATION OF LIVING TRUST This declaration of trust is made on _________________ (Date), by _______________________________________________ ("Trustee") in favor of ___________________________________________________________ ("Beneficiary"). The Trustee solemnly declares that he or she holds: ____________________________________________________________________ _____________________________________________________________________________________________________________ ("Property") in trust solely for the benefit of said Beneficiary. The Trustee further promises the Beneficiary: (a) Trustee will not deal with the Property in any way without the authorization of the Beneficiary, except to transfer it to the Beneficiary; and, (b) Trustee will account to the Beneficiary for any money received by the Trustee in connection with holding said Property. _________________________________________________________________ Trustee _________________________________________________________________ Witness Warning: These forms are provided AS IS. They may not be any good. Even if they are good in one jurisdiction, they may not work in another. And the facts of your situation may make these forms inappropriate for you. They are for informational purposes only, and you should consult an attorney before using them. Living Trust GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 380 LIVING WILL v LIVINGSTON, EDWARD Edward Livingston was an important lawyer, politician, and diplomat who served under Presidents THOMAS JEFFERSON and ANDREW JACK- SON . Apart from the many government offices he held, Livingston is remembered for propos- ing a comprehensive criminal code in which all offenses were clearly and simply defined. Livingston was born on May 28, 1764, in Clermont, New York. His father, ROBERT R. LIVINGSTON, was a prominent New York political leader and judge in the years leading up to the American Revolution. His older brother, also named Robert R. Livingston, was a lawyer and a member of the CONTINENTAL CONGRESS committee that drafted the DECLARATION OF INDEPENDENCE. He was a close advisor to President Jefferso n and negotiated the LOUISIANA PURCHASE from France. Edward Livingston followed in his brother’s footsteps. After graduating from the College of New Jersey (now Princeton Univer- sity) in 1781, he studied law in Albany, New York. He was admitted to the New York bar in 1785 and entered private law practice. In 1795 Livingston was elected to Congress. He served three terms and chaired the House Commerce Committee during his second term. Livingston earned Jefferson’s loyalty when he opposed the ALIEN AND SEDITION ACTS and Jay’s TREATY. In 1801 Livin gston left Congress to become U.S. attorney for New York City. That same year, he was elected Mayor of New York. What seemed a promising start to a successful poli- tical career came crashing down on Livingston in 1803. One of his aides either lost or took public funds, and Livingston was obligated to sell his property to pay off the debt. He severed ties with New York in 1804 and moved to Louisiana. He pursued his legal career, but the WAR OF 1812 brought him back into public life. He organized the New Orleans public defense committee and then served as General Andrew Jackson’s top aide during the Battle of New Orleans. After the war, he returned to law practice, but by 1820 he was back in politics as part of the Louisiana state legislature. In 1821 Livingston produced a criminal code that he urged Louisiana to adopt. He sought to bring order and clarity to CRIMINAL LAW and procedure, which was a mixture of statutes and many COMMON LAW decisions. It was his belief that people were entitled to know, rather than to guess, what actions constituted crimes. His code was not enacted by Louisiana but he tried again at the federal level when he entered the U.S. House of Representatives in 1823. In 1829 he was elected to the U.S. Senate as his model code, A system of Penal Law for the United States of America, drew favorable reviews in Europe. Although his code was never enacted, it remains an important document for the CODIFICATION movement that reached its zenith during the twentieth century. Livingston resigned from the Senate in 1831 to serve as SECRETARY OF STATE for President Andrew Jackson. Two years later, he left that post to serve as U.S. minister to France. He returned to the United States in 1835 and died on May 23, 1836, in Barrytown, New York. FURTHER READINGS Elkins, Stanley M., and McKitrick, Eric. 1995. The Age of Federalism: The Early American Republic, 1788–1800. New York: Oxford Univ. Press. Hall, Kermit L. 2008. The Magic Mirror: Law in American History. 2d ed. New York: Oxford Univ. Press. Hatcher, William. 1970. Edward Livingston: Jeffersonian Republican and Jacksonian Democrat. Gloucester, MA: P. Smith. ▼▼ ▼▼ Edward Livingston 1764–1836 17501750 18001800 18251825 18501850 17751775 ❖ 1764 Born, Clermont, N.Y. ◆ ❖ ◆◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1763 Treaty of Paris ends French and Indian War 1774 Boston Tea Party 1776 Declaration of Independence signed 1787 U.S. Constitution drafted 1781 Graduated from College of New Jersey (Princeton) 1785 Admitted to New York bar 1798 Congress passes Alien and Sedition Acts 1812 War of 1812 with Great Britain 1820 Missouri Compromise enacted, limiting slavery 1834 Whig Party is formed 1801 Elected Mayor of New York 1821 Proposed Louisiana criminal code 1823 Elected to Congress 1836 Died, Barrytown, N.Y. 1831 Appointed Secretary of State 18 29 Elected to U.S. Senate 1795 Elected to Congress GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LIVINGSTON, EDWARD 381 v LIVINGSTON, HENRY BROCKHOLST Henry Brockholst Livingston came from a powerful New York family. He was educated at Princeton alongside JAMES MADISON, had political ties to THOMAS JEFFERSON, and enjoyed rapid advancement through the military, private practice, and the bench. From 1802 to 1807, Livingston served on the New York Supreme Court. An outspoken anti-Federalist in his youth, Livingston grew more conservative in later life. He served as an ASSOCIATE JUSTIC E on the U.S. Supreme Court from 1807 until his death in 1823. Livingston was born November 25, 1757, in New York City. Established in New York in the late seventeenth century, his family also included other notable public figures: Philip Livingston (1716–78) signed the DECLARATION OF INDEPEN- DENCE , William Livingston (1723–90) was New Jersey’s first governor, ROBERT R. LIVINGSTON (1746–1813) negotiated the LOUISIANA PURCHASE, and EDWARD LIVINGSTON (1764–1836) served in Congress and as SECRETARY OF STATE. At an early age, Livingston had several outstanding accom- plishments in military service. He was commis- sioned a major at age 19. At 22 he was a secretary in Spain to his brother-in-law, U.S. minister JOHN JAY. At twenty-five he helped negotiate the end of the Revolutionary War. Livingston’s legal career advanced in similar fashion. After being admitted to the New York bar in 1783, he was soon in private practice working alongside ALEXANDER HAMILTON and AARON BURR. He entered politics in 1786 when he was elected to the New York Assembly. In 1789 he delivered the first Independence Day speech in Saint Paul’s Church, before Congress, President GEORGE WASHINGTON, and other distin- guished leaders. During this period he became a fierce anti-Federalist and sided with Jefferson. Livingston’s outspokenness in public and in print led to conflict. He survived an ASSASSINA- TION attempt in 1785, and in 1798, after being punched in the nose by an angry Federalist, he killed the man in a duel. But his politics also brought rewards. In return for helping Jefferson win the state of New York in the 1800 Henry B. Livingston. LIBRARY OF CONGRESS/ CORBIS. Henry Brockholst Livingston 1757–1823 ▼▼ ▼▼ 17501750 18251825 18001800 17751775 ❖ ◆ ◆ ◆ ◆ ◆ ◆ ❖ 1757 Born, New York City 1774 Graduated from the College of New Jersey (now Princeton) 1776–77 Served in Continental Army 1779–82 Served as private secretary to John Jay, U.S. minister to Spain 1775–83 American Revolution 1789 Delivered first Independence Day speech before Congress and president 1786 Elected to New York Assembly 1785 Survived assassination attempt 1783 Admitted to New York bar 1802–07 Served on New York Supreme Court 1807–23 Served as associate justice on U.S. Supreme Court 1817 Upheld New York's insolvency law in Adam s v. Storey 1823 Died, Washington, D.C. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 382 LIVINGSTON, HENRY BROCKHOLST presidential election, Livingston was appointed to the New York Supreme Court. In four years on the New York bench, Livingston gained high distinction. He wrote 149 opinions—a prodigious number—many concerning his specialty, COMMERCIAL LAW.He tended to favor business interests at a time when capitalism was bustling. In civil liberties he took the traditional view that truth and GOOD FAITH were not defenses against a charge of SEDITIOUS LIBEL. He was also a practitioner of the art of judicial humor. His most-quoted opinion is his dissent in the so-called Foxhunt case, Pierson v. Post, 3 Cai. R. 175 (1805), which dealt with the question of who should be entitled to claim a fox—the hunter who has pursued it up to the end, or another hunter who snatches it at the last moment. “This is a knotty point,” wrote Livingston, “and should have been sub- mitted to the arbitration of sportsmen.” In 1807 President Jefferson made Livingston his second appointee to the U.S. Supreme Court. Under Chief Justice JOHN MARSHALL, Livingston’s anti-Federalism was tempered, and he generally followed the chief justice’s lead. Compared with the stream of opinions he issued in New York, his output of thirty-eight majority opinions, eight dissents, and six concurrences was mini- mal. He continued to write chiefly on commer- cial and maritime law; in the latter area, he was a specialist in PRIZE LAW, a now antiquated area of JURISPRUDENCE that dealt with the capture of goods at sea during wartime. Early Supreme Court justices, in addition to their duties on the Court, routinely travelled the circuit to which they were assigned and presided over its cases. Most scholars have found Livingston’s circuit court decisions more notable than his opinions in Supreme Court cases, especially Adams v. Storey, 1 Fed. Cas. 141 (C.C.D.N.Y. 1817) (No. 66), in which he upheld New York’s INSOLVENCY law against a challenge that it violated the Constitution’s Contracts Clause and federal BANKRUPTCY JURISDICTION. Livingston suffered two ethical lapses while on the Supreme Court. He told JOHN QUINCY ADAMS the Court’s decision in FLETCHER V. PECK, 10 U.S. (6 Cranch) 87, 4 L. Ed. 629 (1810) before it was announced, when Adams was a counsel on the case. And while the Court was deciding Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518, 4 L. Ed. 629 (1819), he reportedly received EXTRAJUDICIAL information abou t the case from a former colleague. Neither incident seems to have damaged his career. He continued to serve on the Court until his death on March 18, 1823, in Washington, D.C. FURTHER READINGS Flanders, Henry. 2006. The Lives and Times of the Chief Justices of the Supreme Court of the United States. Ann Arbor, MI: Scholarly Publishing Office, Univ. of Michigan. Friedman, Leon, and Fred L. Israel, eds. 1995. The Justices of the United States Supreme Court, 1789–1969: Their Lives and Major Opinions. New York: Chelsea House. Henry, Herman, and Bernard Meyer. 2008. List of Works Relating to the Supreme Court of the United States. Charleston, SC: BiblioBazaar. v LIVINGSTON, ROBERT R. Robert R. Livingston served the United States in many ways, from participating in the CON- TINENTAL CONGRESS , to administering the oath of office to GEORGE WASHINGTON and negotiating the LOUISIANA PURCHASE. Livingston was born Novemb er 27, 1746, in New York City. His great-grandfather came to America in the 1670s with little, but through hard work and a fortuitous MARRIAGE soon began building a vast empire. Livingston’s father, Judge Robert R. Livingston, was called the richest landowner in New York, and REAL ESTATE holdings of the influential and politically active Livingston clan eventually totaled nearly 1 million acres. After gra duating from King’s College (now Columbia University), Livingston studied law, and was admitted to the bar in 1770. He practiced law for a time with his college classmate and friend JOHN JAY. In 1773 he received a political appointment as recorder for New York City, wherein he presided over certain criminal trials. He held the position until 1775, when his Revolutionary sympath ies made him unacceptable to the Crown. Livingston was elected to the Continental Congress in 1775. He was soon appointed to the committee charged with drafting a DECLARATION OF INDEPENDENCE , with ROGER SHERMAN, BENJAMIN FRANKLIN , JOHN ADAMS, and THOMAS JEFFERSON. However, Livingston was apparently not in- volved in the actual drafting of the document; his appointment was seemingly a political maneuver designed to encourage the equivocat- ing province of New York into a firm commit- ment to independence. Livingston himself was ambivalent. He believed that autonomy from GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LIVINGSTON, ROBERT R. 383 Britain was necessary and inevitable, but inex- pedient at that time; in debate he advocated postponement of the issue. When the Conti- nental Congress voted on the declaration on July 2, 1776, New York abstained, preventing a unanimous ballot. The New York delegation was forced to abstain because the New York convention had not authorized it to vote affirmatively. Within weeks a newly elected New York convention ratified the declaration, and the ratification was retroactively ruled unanimous. When the signing of the Declara- tion of Independence commenced in Philadel- phia on August 2, Livingston was elsewhere organizing a committee to coordinate New York’s defense and conferring with General Washington on military matters. Livingston, Jay, and Gouverneur Morris were the principal writers of New York’s constitution, which was submitted for approval in 1777. Livingston’s main contribution to the document was a counc il of revision, which could veto legislation. The council of revision was composed of the governor, chancellor, and state supreme court justices. In 1777 Livings ton was appointed chancel- lor of New York, the state’s highest legal officer, second in precedence only to the governor. In this position, which he held until 1801, he presided over the court of EQUITY. His legal abilities were highly regarded by his colleagues. Livingston was again a delegate to the Continental Congress in 1779–80. A tireless worker, he was active on committees on financial affairs, military issues, legal organization, and foreign affairs, among others. He helped formulate a court of appeals. In 1780 he was nominated for an APPELLATE judgeship, but declined the position. In 1781 Livingston was appointed secretary of foreign affairs, a position he held for three years. He organized the newly establi shed department. His most important contribution during this period was his diplomatic corre- spondence regarding peace with Great Britain. The Revolutionary War was over, but negotiat- ing the peace was a lengthy endeavor. Finally, on April 19, 1783, the TREATY OF PARIS made it official, and Livingston had the honor of conveying the news to General Washington. ▼▼ ▼▼ Robert R. Livingston 1746–1813 17251725 17751775 18001800 18251825 17501750 ❖ ◆ ◆ ◆ ❖ ◆ ◆◆ 1813 Died, Clermont, New York 1812–14 War of 1812 1803 Louisiana Purchase Treaty signed 1801 Named minister to France; began negotiating purchase of Louisiana Territory 1789 Administered oath of office to President Washington in New York City 1777–1801 Served as chancellor of New York, presiding over court of equity 1783 Treaty of Paris signed, ending American Revolution 1746 Born, New York City 1770 Admitted to bar 1773–75 Served as recorder for New York City 1779–80 Served as delegate to Second Continental Congress 1781–84 Served as secretary of foreign affair s 1775 Elected to First Continental Congress; American Revolution began Robert R. Livingston. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 384 LIVINGSTON, ROBERT R. Livingston served in the Continental Con- gress again in 1784–85. In 1788 he was a leader in Poughkeepsie, New York, at the convention to ratify the U.S. Constitution. A staunch Federalist, he was one of the most frequent pro-Constitution speakers at the ratifying con- vention. Livingston, along with ALEXANDER HAMILTON , played a major role in the success of FEDERALISM in New York at that time. By virtue of his position as chancellor, Livingston administered the oath of office to President Washington in the national capital, then New York City, on April 30, 1789. His friend Jay was appointed chief justice of the U.S. Supreme Court, and Hamilton was named secretary of the treasury. Despite Livingston’s activism the new government did not reward him with an office. Possibly for this reason, and because he disagreed with Hamilton’s policy of federal assumption of state debts, Livingston turned anti-Federalist and entered into a political alliance with members of the Jefferso- nian opposition—then called Republicans—in about 1791. Jefferson offered Livingston the secretary- ship of the Navy in 1800, but he declined. In 1801 Jefferson named him minister to France. Once in Paris Livingston set about investigat- ing rumors that Spain was about to CEDE its province Louisiana back to France, which had owned it until 1762. Livingston was charged with preventing this. If unable to do so, he was to procure parts of the province, including West Florida and New Orleans, for the United States. Livingston soon discovered that the retro- cession had already occurred. However, because of impending war with Great Britain, a French failure in Santo Domingo, and financial con- cerns, Napoléon sudde nly offered to sell the entire Louisiana Territory to the United States. No one really knew how vast the region was, but it was generally agreed that the Mississippi River formed the eastern boundary and the Ro cky Mountains the western edge. Livingston and JAMES MONROE, who had recently joined him in Paris, negotiated the final deal for $15 million— purchasing approximately 828,000 square miles for only pennies an acre. Overnight, the size of the United States doubled. The Louisiana Purchase TREATY, closing the purchase from France, signed May 2, 1803, but antedated April 30, 1803, was the triumph of Livingston’s career. Livingston resigned his diplomatic post in 1804. After touring Europe he returned to his home in Clermont, New York, and retired from politics. Livingston had long been interested in steam navigation. While in Paris he had met Robert Fulton, and the two men had entered into a partnership to develop a commercially successful steamboat. An early venture sank on the Seine, but in 1807 a new boat sailed on the Hudson River from New York City to Albany. The running speed of the Clermont approached five miles an hour, and cut sailing time to a small fraction of that required by the tall- masted Hudson River sloops then in use. Livingston had use d his political clout to obtain a steam navigation MONOPOLY in New York in 1798, and he and Fulton set about attempting to exploit and extend the monopoly. Protracted LITIGATION concerning the monopoly kept Livingston occupied in his final years. Livingston was very active in his home state as well as nationally. In addition to working on New York’s constitution, he was a leader in Revolutionary organizations replacing the Crown government, and was a member of the commission that governed the state after the Revolutionary War. In 1811 he was on the first canal co mmission, which eventually resulted in the Erie Canal. Livingston also had a keen interest in farming, and maintained an active correspon- dence with Jefferson, Washington, and others regarding the la test scientific agricultural meth- ods. He was a leader in importing merino sheep from Spain and using gypsum as fertilizer. Livingston died February 26, 1813, in Clermont. FURTHER READINGS Brandt, Clare. 1986. An American Aristocracy: The Living- stons. New York: Doubleday. Dangerfield, George. 1960. Chancellor Robert R. Livingston of New York, 1746–1813. New York: Harcourt, Brace. Hull, N.E.H. 1998. Roscoe Pound and Karl Llewellyn: Searching for an American Jurisprudence. Chicago: Univ. of Chicago Press. CROSS REFERENCE New York Constitution of 1777. ON THE WHOLE I THINK IT WOULD BE MORE DIGNIFIED AND MORE SAFE TO ACT UPON OUR GROUND AND IF WE MUST ENTER INTO THE WAR [AGAINST NAPOLEON], SECURE TO OURSELVES ALL THE ADVANTAGES THAT MAY RESULT FROM [DOING SO]. —ROBERT LIVINGSTON GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LIVINGSTON, ROBERT R. 385 LL.B. An abbreviation denoting the degree of bachelor of laws, which was the basic degree award ed to an individual upon completion of law school until the late 1960s. The degree has been largely replaced by the J.D., JURIS DOCTOR (or doctor of JURISPRUDENCE) degree. v LLEWELLYN, KARL NICKERSON Karl N. Llewellyn was a distinguished legal scholar and professor, and a leading PROPONENT of LEGAL REALISM, a philosophy that is critical of the theory that the law operates only as a system of objective rules. Llewellyn was born May 22, 1893, in West Seattle, Washington. His father was of Welsh ancestry and his mother’s ancestors had come to the New World on the Mayflower. Llewellyn spent much of his you th in Brooklyn, where his family had moved during the first year of his life. Unhappy and unchallenged academically by high school in the United States, he entered the Realgymnasium in Mecklenburg, Germany, where he boarded with relatives of a family friend. During his three years in Germany, Llewellyn became fluent in German and demon- strated talent in mathematics and science. He left Mecklenburg in the spring of 1911, and briefly attended the University of Lausanne, in Switzer- land, before returning to the United States. In September 1911 Llewellyn entered Yale, where he compiled an outstanding academic record and excelled at athletics, especially boxing. In the spring of 1914 he entered the Sorbonne, in Paris, to study Latin, law, and French. He was still a student there when WORLD WAR I broke out. Although he never officially enlisted, he fought with the Seventy-eighth Prussian Infan- try on the western front, earning the Iron Cross for his service. He was wounded in battle in November 1914 and spent nearly three months in a military hospital. Llewellyn returned to the United States and to school in 1915. During his second stint at Yale, he took his coursework even more seriously and began considering a career in teaching. He studied under William Graham Sumner, the author of Folkways (1906), an acclaimed work concerning social practices and beliefs and the influence of both on society and individual behavior. The ideas and theories found in Sumner’s work would significantly affect the development of Llewellyn’s view of the law as a social institution that is greatly influenced by the surrounding culture. Later in 1915 Llewellyn entered Yale Law School. He served as editor in chief of the Yale Law Journal for three years and wrote many of its articles himself. In 1918 he graduated at the top of his class. He remained for two years as a part-time instructor in the law school, filling in for an ailing professor. Llewellyn mostly taught courses in COMMERCIAL LAW, which later would become his specialty. In September 1920, thinking that practical experience was impor- tant before settling into an academic career, he took a position in the legal department of the National City Bank in New York City. Soon after he was hired, the bank dissolved its legal department and transferred its legal business ▼▼ ▼▼ Karl Nickerson Llewellyn 1893–1962 18751875 19251925 19501950 19751975 19001900 ❖ ◆ ◆ ◆◆ ◆ ◆ ◆ ◆ ❖ 1893 Born, West Seattle, Wash. 1914 Graduated from Yale University, entered the Sorbonne; joined Prussian Infantry and was wounded in battle 1918 Graduated top of his class from Yale Law School 1914–1918 World War I 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1924 Accepted profes- sorship at Columbia Law School 1922 Joined Yale Law School faculty 1931 The Bramble Bush: On Our Law and Its Study published 1930 Appointed Betts Professor of Jurisprudence at Columbia; Cases and Materials on the Law of Sales published 1941 The Cheyenne Way published 1962 Died, Chicago, Ill. 1940–62 Served as reporter and adviser for Uniform Commercial Code 1951 Accepted joint appointment with wife, Soia Mentschikoff, at University of Chicago Law School GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 386 LL.B. to the Wall Street law firm of Shearman and Sterling. Llewellyn was also transferred, and subsequently worked almost exclusively on the bank’s legal affairs. Although he enjoyed the work and gained valuable experience in legal drafting and international banking matters, two years later he decided to return to teaching, accepting a full-time position at Yale as an assistant professor. In 1923 Llewellyn was promoted to associate professor. He stayed at Yale for only a year, before accepting a post at Columbia Law School so that his first wife could continue with her graduate studies at Columbia University. He remained at Columbia until 1951. While there he authored a number of important books, including The Bramble Bush: On Our Law and Its Study (1931), adapted from a series of introductory lectures he had given to first-year law students during the 1929–30 ACADEMIC YEAR, when he was appointed the first Betts Pro fessor of JURISPRUDENCE at Columbia. He also wrote what eventually would become a leading case- book on commercial law, Cases and Materials on the Law of Sales, published the same year. Llewellyn’s developing theories on legal realism, introduced in The Bramble Bush, brought him much attention. Llewellyn declared that legal opinions must be examined to see how judges are influenced by factors that might have nothing to do with the law. He wrote that “[f]or the long haul, for the large-scale reshaping and growth of doctrine and our legal institu- tions, … the almost unnoticed changes … [are] more significant than the historic key cases.” Thus, he believed, lawyers should be trained to make persuasive arguments that emphasize the particular facts of a case, as those facts some- times have a more significant effect on the outcome than does the applicable law. Although Llewellyn’s views were considered important and innovative, they also drew cri- ticism. Opponents of his theories argued that, for practical reasons, legal realism was difficult to apply. Under Llewellyn’s system of jurispru- dence, they argued, a lawyer would be required to go to potentially ridiculous lengths to argue a case adequately, in an effort to learn every possible factor that could affect its outcome. As a result, Llewellyn’s legal-realist theories never replaced the prevailing (and well-settled) view of the law as a set of well-defined rules to be applied to each individual situation. Although his theories did not have quite the effect he had hoped for, Llewellyn is still widely viewed as an important legal scholar and author. His writings extend to nonlegal areas, including a book on anthropology, The Chey- enne Way (1941), which was a study of dispute resolution among the Cheyenne Indians, which he coauthored with anthropologist E. Adamson Hoebel. Llewellyn was also active in the LEGAL AID Society, the AMERICAN CIVIL LIBERTIES UNION, and the National Association for the Advance- ment of Colored People ( NAACP). In 1951 Llewellyn left Columbia for the University of Chicago Law School, where he and his third wife, SOIA MENTSCHIKOFF, a co mmercial law scholar, accepted a joint appointment. Llewellyn taught there for nearly ten years and also served as chief reporter on the UNIFORM COMMERCIAL CODE , drafted during the early 1950s. He died in Chicago on February 13, 1962. FURTHER READINGS Hull, N.E.H. 1998. Roscoe Pound and Karl Llewellyn: Searching for an American Jurisprudence. 1997. Chicago: Univ. of Chicago Press. Llewellyn, Karl N. 2008. The Bramble Bush: The Classic Lectures on the Law and Law School. New York: Oxford Univ. Press. Twining, William L. 1986. Karl Llewellyn and the Realist Movement. London: Weidenfeld & Nicolson. LL.M. An abbreviation for Master of Laws, which is an advanced degree that is awarded to an individual who already holds a J.D. upon the successful completion of a prescribed course of graduate study in law. A candidate for an LL.M. degree must complete the program set forth by the graduate admissions department in the particular law school he or she attends. The program ordinar- ily entails a minimum number of credit hours, including some credits in seminar courses and courses in which the student must take an examination for grading purpose s. Candidates generally must also comply with such require- ments as the maintenance of a minimum grade average as well as attendance requirements. Students enrolled in LL.M. programs may either opt for a general degree or a degree in a specialized area of law . An LL.M. is generally available in such specialized areas as INTERNA- TIONAL LAW , labor relations, and TAXATION. A COURT IS DOING ITS DUTY WHEN … WITH CLEAR CONSCIOUSNESS THAT IT UNDER- STANDS WHAT IT IS DOING AND WHY , AND WITH CLEAR STATEMENT OF BOTH , IT GOES TO BAT ON THE WHOLE OF A BROAD SITUATION . —KARL LLEWELLYN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LL.M. 387 . charter of feoffment, written in Latin, which was used to call attention to the conveyance of land. This was often the case GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 378 LIVERY OF SEISIN when. as secretary of foreign affair s 1775 Elected to First Continental Congress; American Revolution began Robert R. Livingston. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 384. RESULT FROM [DOING SO]. —ROBERT LIVINGSTON GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LIVINGSTON, ROBERT R. 385 LL.B. An abbreviation denoting the degree of bachelor of laws, which was the basic degree