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SMU Dedman Law

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Associate Professor of Law


Email: jctate@mail.smu.edu

Phone: 214-768-2791

Education:

B.A. summa cum laude, 1996, Pomona College
M.Phil., 1997, University of Cambridge
J.D., 2002, Yale Law School
Ph.D., 2009, Yale University Graduate School of Arts and Sciences

Joshua Tate's research and teaching focuses on legal history, property, and trusts and estates. He has been a full-time faculty member at SMU Dedman School of Law since the fall of 2005, and was a visiting assistant professor at the University of Pennsylvania Law School in the spring of 2008. In the fall of 2012, he was a Lloyd M. Robbins Senior Research Fellow at the University of California at Berkeley. He currently serves as co-chair of the Uniform Acts for Trust and Estate Law Committee for the ABA Real Property, Trust and Estate Law Section, has chaired the Sutherland Prize Committee for the American Society for Legal History, and was recently appointed by the Selden Society as Honorary Secretary and Treasurer for the United States. He has given invited presentations at numerous academic conferences, colloquia, and workshops both in the United States and abroad, and is currently engaged in a study of the development of property rights and remedies in medieval England, focusing on issues of jurisdictional conflict with regard to rights of presentation to churches. He is admitted to practice in Texas and Connecticut.


Primary Articles

Competing Institutions and Dispute Settlement in Medieval England, in LAW AND DISPUTING IN THE MIDDLE AGES: PROCEEDINGS OF THE NINTH CARLSBERG ACADEMY CONFERENCE ON MEDIEVAL LEGAL HISTORY 2012, at 235 (Per Andersen et al. eds., 2013).

The Third Lateran Council and the Ius Patronatus in England, in PROCEEDINGS OF THE THIRTEENTH INTERNATIONAL CONGRESS OF MEDIEVAL CANON LAW: ESZTERGOM, 3-8 AUGUST 2008, at 589 (Peter Erdö & Sz. Anzelm Szuromi eds., Monumenta Iuris Canonici, C:14, 2010).

Should Charitable Trust Enforcement Rights Be Assignable?, 85 CHI.-KENT L. REV. 1045 (2010) (symposium issue).

Immortal Fame: Publicity Rights, Taxation, and the Power of Testation, 44 GA. L. REV. 1 (2009) (lead article).

Inheritance Rights of Nonmarital Children in Late Roman Law, 4 ROMAN LEGAL TRADITION 1 (2008) (lead article).

Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code, 76 LEGAL HIST. REV. (TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS) 237 (2008).

Caregiving and the Case for Testamentary Freedom, 42 U.C. DAVIS L. REV. 129 (2008).

Christianity and the Legal Status of Abandoned Children in the Later Roman Empire, 24 J.L. & RELIGION 123 (2008).

Ownership and Possession in the Early Common Law, 48 AM. J. LEGAL HIST. 280 (2006), reprinted in RELATIONS BETWEEN THE IUS COMMUNE AND ENGLISH LAW 129 (Richard H. Helmholz & Vito Piergiovanni eds., 2009).

Conditional Love: Incentive Trusts and the Inflexibility Problem, 41 REAL PROP., PROB. & TR. J. 445 (2006) (lead article), cited in RESTATEMENT (THIRD) OF TRUSTS § 82 cmt. e reporter's note (2007).

(See full CV for complete list.)


Books

PROPERTY, PATRONAGE, AND THE BIRTH OF THE COMMON LAW (Yale University Press, under contract).

A TEXAS COMPANION FOR THE COURSE IN WILLS, TRUSTS, AND ESTATES (Aspen Publishers, 2011; rev. ed. 2013).


Speeches/Presentations

"Episcopal Power and Royal Jurisdiction in Angevin England," Annual Meeting of the American Society for Legal History, Miami, Florida, November 2013; Thirty-Second Annual Australian and New Zealand Law and History Conference, Dunedin, New Zealand, November 2013; Torcuato Di Tella University, Law Faculty Workshop, Buenos Aires, Argentina, March 2014.

"Commercial Trusts in the United States: Creating Confidence for Business Transactions," Peruvian University of Applied Sciences, Lima, Peru, March 2014.

"Perpetuities and the Genius of a Free State," Symposium on the Role of Federal Law in Private Wealth Transfer (sponsored by the ACTEC Foundation and the Vanderbilt Law Review), Nashville, Tennessee, February 2014.

"Magna Carta and the Origins of Due Process," Shanghai Jiao Tong KoGuan Law School and Fudan Law School, Shanghai, China, May 2013; Monterrey Institute of Technology and Higher Education (Tec de Monterrey), Monterrey, Mexico, October 2013; Rosario University, Bogota, Colombia, Feburary 2014.

"Personal Reality: Delusion in Law and Science," Annual Meeting of the Law and Society Association, Honolulu, Hawaii, June 2012; Annual Conference of the Southeastern Association of Law Schools, Amelia Island, Florida, July 2012; Annual Meeting of the Association of American Law Schools, New York, New York, January 2014.

"Competing Institutions and Dispute Settlement in Medieval England," Ninth Carlsberg Academy Conference on Medieval Legal History, Copenhagen, Denmark, May 2012; U.K. IVR Annual Conference, London, England, April 2013; Twenty-Sixth World Congress of Philosophy of Law and Social Philosophy (IVR World Congress), Belo Horizonte, Brazil, July 2013.

"Property, Patronage, and the Birth of the Common Law" (and previous titles), Annual Meeting of the American Society for Legal History, Tempe, Arizona, October 2007; Annual Meeting of the Law and Society Association, Montreal, Canada, May 2008; Property Works-in-Progress Conference, Boulder, Colorado, June 2008; Eighty-Fifth Annual Meeting of the Medieval Academy of America, New Haven, Connecticut, March 2010; Forty-Fifth International Congress on Medieval Studies, Kalamazoo, Michigan, May 2010; Renmin Law School, Beijing, China, March 2013.

"Immortal Fame:  Publicity Rights, Taxation, and the Power of Testation" (and previous titles), Annual Meeting of the Association of American Law Schools, San Diego, California, January 2009; Property Works-in-Progress Conference, Boulder, Colorado, June 2009; William and Mary Law School Faculty Forum, October 2009.

"The Third Lateran Council and the Ius Patronatus in England," Eighteenth British Legal History Conference, Oxford, England, July 2007; Thirteenth International Congress of Medieval Canon Law, Esztergom-Budapest, Hungary, August 2008; Twenty-Eighth International Conference of the Charles Homer Haskins Society, Boston, Massachusetts, November 2009.

"Should Charitable Trust Enforcement Rights Be Assignable?," Symposium on the Law of Philanthropy in the Twenty-First Century (sponsored by the ACTEC Foundation and the Chicago-Kent Law Review), Chicago, Illinois, October 2009.

"Advowson Litigation in Medieval England:  A Quantitative Approach," Nineteenth British Legal History Conference, Exeter, England, July 2009.

"Caregiving and the Case for Testamentary Freedom" (and previous titles), Property Works-in-Progress Conference, Boulder, Colorado, June 2007; Gloucester Summer Legal Conference, Gloucester, England, July 2007; Annual Meeting of the Law and Society Association, Berlin, Germany, July 2007; Texas Junior Legal Scholars Conference, Fort Worth, Texas, August 2007; University of Pennsylvania Law School Ad Hoc Workshop, February 2008; University of Miami Law School Faculty Workshop, March 2008; Eleventh Annual Meeting of the Association for the Study of Law, Culture, and the Humanities, Berkeley, California, March 2008; SMU Law School Faculty Forum, September 2008.


Other

William Blackstone, in 1 OXFORD ENCYCLOPEDIA OF AMERICAN POLITICAL AND LEGAL HISTORY 77 (Donald T. Critchlow & Philip R. VanderMeer eds., 2012).

Regis W. Campfield: Colleague, Mentor, and Friend, 63 SMU L. REV. 13 (2010).

Celebrity, Death, and Taxes:  Michael Jackson’s Estate, 125 TAX NOTES 345 (2009) (with Bridget J. Crawford, Mitchell M. Gans & Jonathan G. Blattmachr).

Marilyn Monroe's Legacy: Taxation of Postmortem Publicity Rights, 118 YALE L.J. POCKET PART 38 (2008). 

Review of KARL SHOEMAKER, SANCTUARY AND CRIME IN THE MIDDLE AGES, 400-1500, in 8 LAW CULTURE & HUMAN. 517 (2012).

Review of PAOLO GROSSI, A HISTORY OF EUROPEAN LAW, in 29 LAW & HIST. REV. 899 (2011).

Review of R.B. OUTHWAITE, THE RISE AND FALL OF THE ENGLISH ECCLESIASTICAL COURTS, 1500-1860, in 95 ZEITSCHRIFT DER SAVIGNY-STIFTUNG FÜR RECHTSGESCHICHTE, KANONISTISCHE ABTEILUNG 666 (2009).