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Myres S. McDougal

January 01, 1970

Myres Smith McDougal (November 23, 1906 – May 7, 1998) was a scholar of international law and Sterling Professor of International Law at the Yale Law School, where he taught for fifty years. He also taught at New York Law School.[1] He was an influential proponent of a "policy-oriented" approach to international law that became associated with Yale Law School.[2][3][4]

Early life and education edit

McDougal was born in Burton, Mississippi in 1906. He received undergraduate and LL.B. degrees from the University of Mississippi, where he taught classics for two years,[5] was a Rhodes Scholar at St. John's College in Oxford University, from which he received a B.C.L. in 1930, and received a J.S.D. from Yale Law School in 1931.

Career edit

He began teaching property law at Yale in 1934, after spending several years at the University of Illinois in Urbana.[6] During World War II he served as assistant general counsel of the US Lend-Lease Administration in 1942 and general counsel of the US State Department's Office of Foreign Relief and Rehabilitation Operations. After the war he returned to the Yale Law School and achieved recognized distinction in the field of international law.[7][8] Professor McDougal served on the US delegation to the 1969 UN conference in Vienna that produced the Convention on the Law of Treaties.[9] Second Circuit Judge José A. Cabranes said of him, "Myres McDougal was, without a doubt, the greatest international lawyer of his time."[8]

Professor McDougal's books included:[10]

  • The law school of the future: From legal realism to policy science in the world community (1947)
  • Property, wealth, land: Allocation, planning and development; selectedcases and other materials on the law of real property, an introduction (1948)
  • The Public Order of the Oceans: A Contemporary International Law of the Sea (1962) (with William T. Burke)
  • Law and Public Order in Space (1963) (with Harold D. Lasswell)
  • Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (1980) (with Harold D. Lasswell and Lung-chu Chen)
  • The International Law of War: Transnational Coercion and World Public Order (1994) (with Florentino P. Feliciano)

His students included: Byron R. White,[11][8] Bill Clinton,[12][8] Nicholas Katzenbach,[13] and José A. Cabranes.[8]

As a property scholar, Professor McDougal was famous for asking the question, later asked and answered in United States v. Willow River Power Co.,[14] whether the courts protect an asserted interest because it is a property right or is it a property right because the courts protect it.[15] Professor McDougal was also famous for popularizing in legal analysis the concept of hierarchy of values, and the fact that different jurists' or analysts' resolution of particular legal controversies could be explained as the result of their having different hierarchies of values.[16] McDougal wrote the amicus brief " Presidential Treaty Termination", generally credited with the District Court ruling against President Carter's unilateral termination of the US Taiwan mutual defense treaty. (McDougal and Joseph A Strauss) NYLS, 1980.

Professor McDougal was president of the American Society of International Law and was president of the Association of American Law Schools.[8]

Lectures edit

Reflections on the New Haven School in the Lecture Series of the United Nations Audiovisual Library of International Law

See also edit

  • Yale Law Journal, March 1, 1999 – Issue devoted to Testimonial to late Yale Law School Professor Myres McDougal.
  • Bonnie Collier, "A Conversation with Myres S. McDougal", Yale Law School Oral History Series, Book 4 (2013).
  • Video interview at Yale.

References edit

  1. ^ Obituary.
  2. ^ D'Amato, Anthony (1984–1985). "Is International Law Really Law". Northwestern University Law Review. 79: 1301–1302.
  3. ^ Orakhelashvili, Alexander (2018). Akehurst's Modern Introduction to International Law. Routledge. p. 13. doi:10.4324/9780429439391. ISBN 9780429439391. S2CID 159062874.
  4. ^ Anderson, Stanley V. (1963). "A Critique of Professor Myres S. Mcdougal'S Doctrine of Interpretation by Major Purposes". American Journal of International Law. 57 (2): 378–383. doi:10.1017/S0002930000129641. ISSN 0002-9300.
  5. ^ Eugene V. Rostow, Myres S. MacDougal, 84 Yale L.J. 704 (1975).
  6. ^ Bonnie Collier, "A Conversation with Myres S. McDougal", Yale Law School Oral History Series, Book 4, at pp. 3–6 (2013).
  7. ^ Obituary
  8. ^ a b c d e f . Yale Bulletin & Calendar. Vol. 26, no. 32. Yale Office of Public Affairs & Communications. May 8, 1998. Archived from the original on April 2, 2015. Retrieved March 4, 2015.
  9. ^ Am. Soc. Int'l Law.
  10. ^ Myres S. McDougal: A selected bibliography.
  11. ^ Stanford L.Rev. October 1, 2002
  12. ^ Remarks at Yale University in New Haven, Conn. (by US Pres Bill Clinton on October 9, 1993), October 18, 1993, Weekly Compilation of Presidential Documents
  13. ^ Stanford L.Rev. October 1, 2002.
  14. ^ 324 U.S. 499 (1945).
  15. ^ See Richard H. Stern, Scope-of-Protection Problems With Patents and Copyrights on Methods of Doing Business, 10 Fordham Intell. Prop., Media & Ent. L.J. 105,128 n.100 (1999) (referring to "Professor Myres McDougal's famous question, 'Do we protect it because it's a property right, or is it a property right because we protect it?'"). See also Euthyphro dilemma.
  16. ^ Papers relating to the subject were given at the Twentieth World Congress of Philosophy, in Boston, Massachusetts, from August 10–15, 1998, and are collected at this Website.

External links edit

  • Myres Smith McDougal papers (MS 1636). Manuscripts and Archives, Yale University Library. [1]

January 01, 1970
myres, mcdougal, myres, smith, mcdougal, november, 1906, 1998, scholar, international, sterling, professor, international, yale, school, where, taught, fifty, years, also, taught, york, school, influential, proponent, policy, oriented, approach, international,. Myres Smith McDougal November 23 1906 May 7 1998 was a scholar of international law and Sterling Professor of International Law at the Yale Law School where he taught for fifty years He also taught at New York Law School 1 He was an influential proponent of a policy oriented approach to international law that became associated with Yale Law School 2 3 4 Contents 1 Early life and education 2 Career 3 Lectures 4 See also 5 References 6 External linksEarly life and education editMcDougal was born in Burton Mississippi in 1906 He received undergraduate and LL B degrees from the University of Mississippi where he taught classics for two years 5 was a Rhodes Scholar at St John s College in Oxford University from which he received a B C L in 1930 and received a J S D from Yale Law School in 1931 Career editHe began teaching property law at Yale in 1934 after spending several years at the University of Illinois in Urbana 6 During World War II he served as assistant general counsel of the US Lend Lease Administration in 1942 and general counsel of the US State Department s Office of Foreign Relief and Rehabilitation Operations After the war he returned to the Yale Law School and achieved recognized distinction in the field of international law 7 8 Professor McDougal served on the US delegation to the 1969 UN conference in Vienna that produced the Convention on the Law of Treaties 9 Second Circuit Judge Jose A Cabranes said of him Myres McDougal was without a doubt the greatest international lawyer of his time 8 Professor McDougal s books included 10 The law school of the future From legal realism to policy science in the world community 1947 Property wealth land Allocation planning and development selectedcases and other materials on the law of real property an introduction 1948 The Public Order of the Oceans A Contemporary International Law of the Sea 1962 with William T Burke Law and Public Order in Space 1963 with Harold D Lasswell Human Rights and World Public Order The Basic Policies of an International Law of Human Dignity 1980 with Harold D Lasswell and Lung chu Chen The International Law of War Transnational Coercion and World Public Order 1994 with Florentino P Feliciano His students included Byron R White 11 8 Bill Clinton 12 8 Nicholas Katzenbach 13 and Jose A Cabranes 8 As a property scholar Professor McDougal was famous for asking the question later asked and answered in United States v Willow River Power Co 14 whether the courts protect an asserted interest because it is a property right or is it a property right because the courts protect it 15 Professor McDougal was also famous for popularizing in legal analysis the concept of hierarchy of values and the fact that different jurists or analysts resolution of particular legal controversies could be explained as the result of their having different hierarchies of values 16 McDougal wrote the amicus brief Presidential Treaty Termination generally credited with the District Court ruling against President Carter s unilateral termination of the US Taiwan mutual defense treaty McDougal and Joseph A Strauss NYLS 1980 Professor McDougal was president of the American Society of International Law and was president of the Association of American Law Schools 8 Lectures editReflections on the New Haven School in the Lecture Series of the United Nations Audiovisual Library of International LawSee also editYale Law Journal March 1 1999 Issue devoted to Testimonial to late Yale Law School Professor Myres McDougal Bonnie Collier A Conversation with Myres S McDougal Yale Law School Oral History Series Book 4 2013 Video interview at Yale References edit Obituary D Amato Anthony 1984 1985 Is International Law Really Law Northwestern University Law Review 79 1301 1302 Orakhelashvili Alexander 2018 Akehurst s Modern Introduction to International Law Routledge p 13 doi 10 4324 9780429439391 ISBN 9780429439391 S2CID 159062874 Anderson Stanley V 1963 A Critique of Professor Myres S Mcdougal S Doctrine of Interpretation by Major Purposes American Journal of International Law 57 2 378 383 doi 10 1017 S0002930000129641 ISSN 0002 9300 Eugene V Rostow Myres S MacDougal 84 Yale L J 704 1975 Bonnie Collier A Conversation with Myres S McDougal Yale Law School Oral History Series Book 4 at pp 3 6 2013 Obituary a b c d e f Renowned international law scholar Myres S McDougal dies Yale Bulletin amp Calendar Vol 26 no 32 Yale Office of Public Affairs amp Communications May 8 1998 Archived from the original on April 2 2015 Retrieved March 4 2015 Am Soc Int l Law Myres S McDougal A selected bibliography Stanford L Rev October 1 2002 Remarks at Yale University in New Haven Conn by US Pres Bill Clinton on October 9 1993 October 18 1993 Weekly Compilation of Presidential Documents Stanford L Rev October 1 2002 324 U S 499 1945 See Richard H Stern Scope of Protection Problems With Patents and Copyrights on Methods of Doing Business 10 Fordham Intell Prop Media amp Ent L J 105 128 n 100 1999 referring to Professor Myres McDougal s famous question Do we protect it because it s a property right or is it a property right because we protect it See also Euthyphro dilemma Papers relating to the subject were given at the Twentieth World Congress of Philosophy in Boston Massachusetts from August 10 15 1998 and are collected at this Website External links editMyres Smith McDougal papers MS 1636 Manuscripts and Archives Yale University Library 1 Retrieved from https en wikipedia org w index php title Myres S McDougal amp oldid 1220558285, wikipedia, wiki, book, books, library,

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