Robert Keeton
Encyclopedia
Robert Ernest Keeton was an American lawyer
, jurist
, and legal scholar. As a law professor at Harvard Law School
and a federal judge
he was known for his work on tort
s, insurance law
, and practical courtroom
tactics. Keeton, with Jeffrey O'Connell of the University of Virginia School of Law
, played a key role in the advancement of no-fault
automobile insurance.
Keeton was born in Clarksville, Texas
, on December 16, 1919. He was the second youngest of five children of William Keeton (who owned a general store
) and Ernestine Teuton Keeton. One of his brothers, W. Page Keeton
, also became a prominent lawyer and educator.
Keeton earned his bachelor's degree
from the University of Texas and his law degree
from the University of Texas School of Law. As an undergraduate
he became one of three students inducted into the Friar Society, an honor society
at the University of Texas. In law school he was the assistant editor-in-chief of the Texas Law Review
.
Keeton went into private practice with the law firm
of Baker & Botts
in Houston
before joining the U.S. Navy
in World War II
. As a lieutenant
serving aboard the escort aircraft carrier
USS Liscome Bay (CVE-56)
he survived the sinking of the ship on November 24, 1943, by a torpedo
from the Japanese submarine I-175
. Keeton, clinging to debris for hours, was later pulled from the ocean. He was awarded a Purple Heart
.
Keeton returned to Baker & Botts in 1945 after the war. He later taught at Southern Methodist University
.
He joined Harvard Law School in 1953, where he would remain until 1979. In 1954, he wrote Trial Tactics and Methods, a book of practical advice on courtroom skills. Keeton later developed a program at Harvard (later used at other law school
s) in which experienced trial lawyers taught students. One rule of Keeton's program was to not ask hostile witness
es open-ended question
s.
In 1956, Keeton received his SJD
from Harvard. In 1973, he was named the Langdell Professor of Law
. Keeton served as associate dean
from 1975–1979.
In the early 1970s, Keeton worked with University of Virginia School of Law professor Jeffrey O'Connell on a study that contributed to the development of no-fault automobile insurance, later adopted by many states
. Under a no-fault system, damages
below a certain level are paid by insurance companies
, thus avoiding a determination of who was at fault.
Keeton left Harvard in 1979 when he was appointed to the United States District Court for the District of Massachusetts
by U.S. President
Jimmy Carter
. He remained on the bench until 2006. In 1979 Chief Justice
William Rehnquist
appointed him chair of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States
, a body responsible for developing the Federal Rules of Civil Procedure
and Federal Rules of Criminal Procedure
. Keeton presided over the 1988-1989 mail fraud and obstruction of justice
trial of Lyndon LaRouche and eleven associates, which ended with Keeton declaring a mistrial. He also presided over the 1995 Lotus Dev. Corp. v. Borland Int'l, Inc. trial involving the extent of software copyright
, a case that later was decided by the Supreme Court
.Keeton also presided over the next decade in some wrongfully decided fraud cases of relevance, which tarnished his reputation. His errors were published, and he was reversed on some, by the First Circuit Court of Appeals.
In 1984 Keeton, along with older brother Page
as lead author, and professors Dan Dobbs and David Owen, published the 5th edition of Prosser and Keeton on Torts. The book, based on William Prosser's
influential Prosser on Torts (1941), became a foundational text of tort law and has become frequently used as a law textbook and reference work
for many law students, lawyers, and jurists.
Keeton died of complications
of a pulmonary embolism
in Cambridge, Massachusetts
, where he lived. He was 87.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
, jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, and legal scholar. As a law professor at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
and a federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
he was known for his work on tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s, insurance law
Insurance law
Insurance law is the name given to practices of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer...
, and practical courtroom
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...
tactics. Keeton, with Jeffrey O'Connell of the University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
, played a key role in the advancement of no-fault
No-fault insurance
In its broadest sense, "no-fault insurance" is a term used to describe any type of insurance contract under which insureds are indemnified for losses by their own insurance company, regardless of fault in the incident generating losses. In this sense, it is no different from first-party coverage...
automobile insurance.
Keeton was born in Clarksville, Texas
Clarksville, Texas
Clarksville is a city in Red River County, Texas, in the United States. As of the 2000 census, the city population was 3,883. It is the county seat of Red River County.-Geography:Clarksville is located at ....
, on December 16, 1919. He was the second youngest of five children of William Keeton (who owned a general store
General store
A general store, general merchandise store, or village shop is a rural or small town store that carries a general line of merchandise. It carries a broad selection of merchandise, sometimes in a small space, where people from the town and surrounding rural areas come to purchase all their general...
) and Ernestine Teuton Keeton. One of his brothers, W. Page Keeton
W. Page Keeton
Werdner Page Keeton was an attorney and dean of the University of Texas School of Law for a quarter century.-Education:...
, also became a prominent lawyer and educator.
Keeton earned his bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from the University of Texas and his law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
from the University of Texas School of Law. As an undergraduate
Undergraduate education
Undergraduate education is an education level taken prior to gaining a first degree . Hence, in many subjects in many educational systems, undergraduate education is post-secondary education up to the level of a bachelor's degree, such as in the United States, where a university entry level is...
he became one of three students inducted into the Friar Society, an honor society
Honor society
In the United States, an honor society is a rank organization that recognizes excellence among peers. Numerous societies recognize various fields and circumstances. The Order of the Arrow, for example, is the national honor society of the Boy Scouts of America...
at the University of Texas. In law school he was the assistant editor-in-chief of the Texas Law Review
Texas Law Review
The Texas Law Review is a student-edited and produced law review published by the University of Texas School of Law . It publishes 7 issues per academic year, ranks number 11 on Washington & Lee University's list, and ranks number 4 in Mikhail Koulikov's rankings of law reviews by social impact...
.
Keeton went into private practice with the law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
of Baker & Botts
Baker Botts
Baker Botts L.L.P. is a major United States-based international law firm of around 800 attorneys, with a long, prominent history, significant political connections, boasting more than half of the Fortune 100 companies among its clients. Headquartered in One Shell Plaza in Downtown Houston, Texas,...
in Houston
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
before joining the U.S. Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. As a lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
serving aboard the escort aircraft carrier
Escort aircraft carrier
The escort aircraft carrier or escort carrier, also called a "jeep carrier" or "baby flattop" in the USN or "Woolworth Carrier" by the Royal Navy, was a small and slow type of aircraft carrier used by the British Royal Navy , the Imperial Japanese Navy and Imperial Japanese Army Air Force, and the...
USS Liscome Bay (CVE-56)
USS Liscome Bay (CVE-56)
USS Liscome Bay , a during World War II, was the only ship of the United States Navy to be named for Liscome Bay in Dall Island in the Alexander Archipelago off Alaska's southeast coast...
he survived the sinking of the ship on November 24, 1943, by a torpedo
Torpedo
The modern torpedo is a self-propelled missile weapon with an explosive warhead, launched above or below the water surface, propelled underwater towards a target, and designed to detonate either on contact with it or in proximity to it.The term torpedo was originally employed for...
from the Japanese submarine I-175
Kaidai class submarine
The was a type of 1st class submarine operated by the Imperial Japanese Navy before and during World War II. The type name, was shortened to . All Kaidai class submarines originally had a two digit boat name, from I-51 onwards. On 20 May 1942, all Kaidai submarines added a '1' to their name. For...
. Keeton, clinging to debris for hours, was later pulled from the ocean. He was awarded a Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...
.
Keeton returned to Baker & Botts in 1945 after the war. He later taught at Southern Methodist University
Southern Methodist University
Southern Methodist University is a private university in Dallas, Texas, United States. Founded in 1911 by the Methodist Episcopal Church, South, SMU operates campuses in Dallas, Plano, and Taos, New Mexico. SMU is owned by the South Central Jurisdiction of the United Methodist Church...
.
He joined Harvard Law School in 1953, where he would remain until 1979. In 1954, he wrote Trial Tactics and Methods, a book of practical advice on courtroom skills. Keeton later developed a program at Harvard (later used at other law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s) in which experienced trial lawyers taught students. One rule of Keeton's program was to not ask hostile witness
Hostile witness
A hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination.A witness called by the opposing party is presumed hostile...
es open-ended question
Open-ended question
A closed-ended question is a form of question which can normally be answered using a simple "yes" or "no", a specific simple piece of information, or a selection from multiple choices.Examples include:*Question: Do you know your weight?Answer: Yes....
s.
In 1956, Keeton received his SJD
Doctor of Juridical Science
Doctor of Juridical Science, Doctor of the Science of Law, Scientiae Juridicae Doctor , abbreviated J.S.D. or S.J.D., is a research doctorate in law and equivalent to the PhD It is offered primarily in the United States, where it originated, and in Canada...
from Harvard. In 1973, he was named the Langdell Professor of Law
Professorial positions at Harvard Law School
The following is a list of named professorial positions at Harvard Law School.*James Barr Ames Professor of LawJ. B. Ames was a prominent Law educator who served as the dean of Harvard Law School, from 1895 to 1910*Bemis Professor of International Law...
. Keeton served as associate dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
from 1975–1979.
In the early 1970s, Keeton worked with University of Virginia School of Law professor Jeffrey O'Connell on a study that contributed to the development of no-fault automobile insurance, later adopted by many states
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
. Under a no-fault system, damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
below a certain level are paid by insurance companies
Vehicle insurance
Vehicle insurance is insurance purchased for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage and/or bodily injury resulting from traffic collisions and against liability that could also arise therefrom...
, thus avoiding a determination of who was at fault.
Keeton left Harvard in 1979 when he was appointed to the United States District Court for the District of Massachusetts
United States District Court for the District of Massachusetts
The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
by U.S. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
. He remained on the bench until 2006. In 1979 Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
appointed him chair of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States
Judicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...
, a body responsible for developing the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
and Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
. Keeton presided over the 1988-1989 mail fraud and obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
trial of Lyndon LaRouche and eleven associates, which ended with Keeton declaring a mistrial. He also presided over the 1995 Lotus Dev. Corp. v. Borland Int'l, Inc. trial involving the extent of software copyright
Software copyright
Software copyright is the extension of copyright law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software...
, a case that later was decided by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.Keeton also presided over the next decade in some wrongfully decided fraud cases of relevance, which tarnished his reputation. His errors were published, and he was reversed on some, by the First Circuit Court of Appeals.
In 1984 Keeton, along with older brother Page
W. Page Keeton
Werdner Page Keeton was an attorney and dean of the University of Texas School of Law for a quarter century.-Education:...
as lead author, and professors Dan Dobbs and David Owen, published the 5th edition of Prosser and Keeton on Torts. The book, based on William Prosser's
William Prosser
William Lloyd Prosser was the Dean of the College of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of Prosser on Torts, universally recognized as the leading work on the subject of tort law for a generation. It is still widely used today, now known as Prosser and Keeton...
influential Prosser on Torts (1941), became a foundational text of tort law and has become frequently used as a law textbook and reference work
Reference work
A reference work is a compendium of information, usually of a specific type, compiled in a book for ease of reference. That is, the information is intended to be quickly found when needed. Reference works are usually referred to for particular pieces of information, rather than read beginning to end...
for many law students, lawyers, and jurists.
Keeton died of complications
Complication (medicine)
Complication, in medicine, is an unfavorable evolution of a disease, a health condition or a medical treatment. The disease can become worse in its severity or show a higher number of signs, symptoms or new pathological changes, become widespread throughout the body or affect other organ systems. A...
of a pulmonary embolism
Pulmonary embolism
Pulmonary embolism is a blockage of the main artery of the lung or one of its branches by a substance that has travelled from elsewhere in the body through the bloodstream . Usually this is due to embolism of a thrombus from the deep veins in the legs, a process termed venous thromboembolism...
in Cambridge, Massachusetts
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
, where he lived. He was 87.